Joint Committee on Statutory Instruments Fifth Report

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


1. The Committee has asked the Department to submit a further Memorandum on the following point:

    "The Committee appreciates that paragraph 19 of Schedule 21, and section 254, so far as it relates to that paragraph, were not brought into force by this Order. The Committee's question, however, relates to the fact that the amendments made by paragraphs 1 to 18 of Schedule 21, and section 254 so far as it relates to those paragraphs are consequential on the transfer of functions from the Secretary of State to Transport for London effected by section 254(1) and (2). Explain why the Order does not bring into force the substantive provisions of subsections (1), (2) and (4), on which the provisions actually commenced by the Order are merely consequential.".

2. In the Department's view article 2 of the Order has the effect of bringing into force the whole of section 254 of the Greater London Act 1999, except for the repeal of section 38 of the Private Hire Vehicles (London) Act 1998 contained in paragraph 19 of Schedule 21 of the 1999 Act. Section 254 is concerned with the transfer of the functions of the Secretary of State under the 1998 Act to Transport for London. Those functions are the subject of paragraphs 1 to 18 of Schedule 21 to the 1998 Act, which are referred to in paragraph (a) of article 2 of the Order.

3. However, the Department accepts that the intention would have been better expressed if paragraph (a) of article 2 had referred to section 254 "except so far as it applies to paragraph 19 of Schedule 21".

22 January 2001

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