Joint Committee on Statutory Instruments Sixteenth Report


Memorandum by the Department of Health


  1. The Committee has requested a memorandum on two points in relation to these Regulations:

    (a)  indicate whether the Department plans to consolidate the 1988 Regulations and if so on what timescale:

  2. The Department does intend to consolidate the 1988 Regulations and hopes to do so by April 2001. Related regulations, the National Health Service (Charges for Drugs and Appliances) Regulations 1989, were consolidated by S.I. 2000/620.

    (b)  identify for each provision of the 1988 Regulations amended by this instrument, the prior amending instruments (including any mentioned in footnote (b)) that are relevant and explain why the more frequent and helpful practice was not followed of making them the subject of separate footnotes limited to the provisions being amended.

  3. Set out below are the provisions of the Amendment Regulations (S.I. 2000/621), the provisions of the 1988 Regulations which they amend and prior relevant amendments.

Provisions of S.I. 2000/621Provisions of 1988 RegsPrior relevant amendments
Regulation 2Regulation 2(1)S.I.s 1995/642 reg 2 and 1996/2362 reg 2
Regulation 3Regulation 3(3)None
Regulation 4Regulation 4S.I.s 1995/642 reg 3, 1996/410 reg 3, 1996/2362 reg 3, 1997/748 reg 3 and 1999/2507 reg 3
Regulation 5Regulation 5Areg 5A was inserted by S.I. 1991/557 reg 2
Regulation 6Regulation 5Breg 5B was inserted by S.I. 1996/410 reg 5
Regulation 7Regulation 7(1)reg 7(1) was substituted by S.I. 1996/767 reg 4
Regulation 8(2)Regulation 8(4)reg 8(4) was substituted by S.I. 1991/557 reg 2
Regulation 8(3)Regulation 8(5)reg 8(5) was added by S.I. 1991/557 reg 2
Regulation 9Regulation 8Areg 8A was inserted by S.I. 1991/55 reg 2

  4. In drafting the Amendment Regulations it was considered helpful to identify all previous amending instruments but the Department regrets not also referring to previous relevant amending instruments in relation to each new amendment.

3rd April 2000

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