Joint Committee on Statutory Instruments Twenty-Ninth Report


Memorandum by the Department of the Environment, Transport and the Regions


  1. The Committee has requested the Department to submit a Memorandum on the following points:-

(1) Given the extensive amendments made by this instrument (and the other instruments mentioned at footnote (b) on page 1) and the complexity of the principal Order (as amended), indicate when a consolidation may be expected.

  2. A consolidation is in preparation and we hope to bring it into force during the course of next year.

(2) New article 22D(3)(b) (inserted by article 3(5)) provides for the suspension of the medical certificate upon the elapse of the period of illness. Should not the word "elapse" (used as if it were a noun) to have read "expiry"? The Department's attention is drawn to the Committee's Third Report (1995-96 Session) on S.I. 1995/1970.

  3. We will substitute for "elapse" the word "expiry" in the consolidation. We apologise for having failed to make this change previously in accordance with our response to the Committee's earlier report.

(3) Ought not the reference to article 22C, in paragraph 5 of Part C (Section 1) of new Schedule 8, to have been a reference to article 22A(2)?

  4. Yes. We apologise for this error. This too will be corrected in the forthcoming consolidation.

(4) In paragraph (20) of the Explanatory Note explaining the new offence in article 59A (headed "acting in a disruptive manner") ought not the words of description to have confined themselves to the ingredients of the offence as specified in article 59A without inferring disruptive acts generally?

  5. The Explanatory Note is over one page long and gives a brief indication of the principal changes introduced. In the circumstances, the Department felt that it was preferable to avoid excessive detail in paragraph 20 but to give a general indication of the nature of the new offence and the consequences of a breach together with a reference to where the detail can be found.

25th October 1999

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