Memorandum by the
Department of Trade and Industry
1999 (S.I. 1999/2093)
1. The Committee has requested
a memorandum on two points.
(1) Regulation 2(3) provides
that expressions used in both the Regulations and the Directives
are to have the same meaning in the Regulations as they have in
the Directive except where the context otherwise requires.
Explain the reasons for including the underlined words. The Department's
attention is drawn to the Committee's Eighth Report (1998-99 Session)
on S.I. 1998/3170.
2. The Department regrets
that it failed to take account of paragraph 11 of the Committee's
Report referred to above. It accepts that paragraphs (3) and (4)
of regulation 2 are defectively drafted, in that the underlined
words should not have been included in paragraph (3) and that
words such as "without prejudice to the effect of paragraph
(3)" should have been included in paragraph (4). The Regulations
do not come into force until 1st March 2000, and amendments will
be made to correct the defects before then.
(2) The effect of the
amendment to section 1(6) of the Telecommunications Act 1984 made
by paragraph 1 of Part II of Schedule 1 to the Regulations is
that the expenses of the Director General of Telecommunications
will fall to be paid out of moneys provided by Parliament. Are
those expenses likely to be significant in amount?
3. The Director has incurred
outgoings in consequence of regulations 7 and 9 of S.I. 1998/3170
(which will be replaced by regulations 23 and 25 of the Regulations
under consideration) in appointing a company to run the "opt-out"
schemes under paragraph (6) of each of those regulations. This
has involved a one-off cost expected to be no more than £10,000.
The costs of running the schemes themselves will be off-set by
the fees received under them. The Director General will also incur
expenditure in monitoring the company's running of the schemes,
but the Director's staff are of the opinion that this expenditure
will be minimal and will be borne by existing resources. The other
provision of the Regulations which could give rise to expenditure
by the Director is regulation 38, under which the Director may
be required to provide technical advice to the Data Protection
Commissioner: the Director's staff are of the opinion that the
cost of meeting any such request, should one be received, would
also be borne by existing resources.
25th October 1999