Joint Committee on Statutory Instruments Thirty-Second Report


Memorandum by the Home Office


1. The Committee has requested a memorandum on two points:

    Given that regulation 4(1)(b) does not refer to any period of activity completed in the United Kingdom, explain the purpose and effect of regulation 4(3) as it applies for the purposes of the former.

2. The Department admits that the drafting of regulation 4(1)(b) is defective on this point. In accordance with the first sub-paragraph of Article 2(1)(b) of Council Directive 75/34/EEC, which regulation 4(1)(b) is intended to implement, it should have been made clear that the "activity as a self-employed person" referred to in regulation 4(1)(b)(ii) is activity in the United Kingdom. The relevance of regulation 4(3) would then also have been clear.

3. Furthermore the Department observes that, in view of the second sub-paragraph of Article 2(1)(b), read with the second sub-paragraph of Article 2(1)(c), the reference to "paragraph (1)(a) and (b)" in regulation 4(3) should in fact be a reference to "paragraph (1)(a), (b) and (c)".

    Explain the purpose of paragraph (3) of regulation 6, given that paragraph (4) of that regulation (which applies "in any other case") makes identical provision.

4. The Department accepts that the drafting of regulation 6 is defective, and that paragraph (3) could simply have been omitted.

5. In order to correct these errors, the Department proposes to make amending Regulations at an early opportunity.

14 November 2000

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