Joint Committee on Statutory Instruments Seventh Report


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


  1. The Committee has requested a memorandum on the following points:

    (1)Paragraph (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 Explain the effect of this provision, given that the 1992 Regulations have been revoked by S.I.1999/3242.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.

    (2)Explain what 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

previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 7 March 2000