Memorandum by the Department
of the Environment, Transport and the Regions
1999 (S.I. 1999/3232)
1. The Committee has requested
a memorandum on the following points:
(4) of regulation 7 provides that the requirements of that regulation
are without prejudice to the requirements of regulation 3 of the
Management of Health and Safety at Work Regulations 1992 (S.I.1992/2051).
Explain the effect of this provision, given that the 1992 Regulations
have been revoked by S.I.1999/3242. Is the saving intended to
refer to regulation 3 of S.I.1999/3242?
2. The Department's intention
was that paragraph (4) of regulation 7 of the Ionising Radiations
Regulations 1999 should apply in respect of regulation 3 of Management
of Health and Safety at Work Regulations 1999 ("MHSWR99")
upon the revocation of the 1992 Regulations. As the Committee
will be aware, this legal effect has been achieved by virtue of
section 17(2)(a) of the Interpretation Act 1978. The Department
acknowledges that for the assistance of the reader the situation
might have been anticipated in regulation 7(4) by a reference
to the MHSWR99.
effect regulation 36(7) has on section 36 of the 1974 Act, and
what provision in the Act authorises it. The Department's attention
is drawn to the Committee's fifth Report (1996-97) on S.I. 1996/2089.
3. The Department acknowledges
that this question has been raised by the Committee before. The
Department apologises for the inadvertent inclusion of a provision
in respect of which the Committee has previously expressed doubts
as to vires. The Department will amend regulation 36(7) in a convenient
instrument which is due to be made later this year.
13th January 2000