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Joint Committee on Statutory Instruments Twenty-Fifth Report


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


REGULATIONS 2000 (S.I. 2000/1491)

  1. The Committee has asked for a memorandum on the following point—

  "Paragraph (6) of regulation 8 provides that the panel (which is to conduct the public examination) shall not be required to consider a written submission from any person unless—[(b)] the written submission is shorter than 2000 words, and [(c)] the panel has received no later than 3 weeks before the opening of the examination such number of copies of the submission as the panel may require. Given that the notice of the examination by advertisement in Form 2 contains no mention of the length of the submission or the number of copies required to be submitted, explain how those wishing to make submissions will be made aware of what is required of them".

  2. In the Department's view regulation 8(6) is not, strictly speaking, a requirement, since the panel has a discretion to take into account submissions which do not comply with regulation 8(6).

  3. The notice in Form 2 does not purport to set out every provision relevant to the making of written submissions. The full requirements are clearly set out in regulation 8(6). Further, the guidance in paragraph 4.12 of GOL Circular 1/2000 entitled "Strategic Planning in London" states "[t]he Panel is required to consider any written submission shorter than 2000 words in length that it receives no later than 3 weeks before the opening of EIP". Both documents are publicly available.

  4. In addition, Form 2 contains details of any places where further information can be obtained. In the Department's view, any person who wishes to make submissions and has not read regulation 8(6) is likely to seek further information and will, therefore, become aware of the terms of this provision by this means.

3rd July 2000

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