Joint Committee on Statutory Instruments Fifth Report


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


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

    "(1)  Are the provisions contained in regulation 3(2) intended to be incorporated in the 1998 Regulations? If not, explain their purpose.

    (2)  Is the new sub-paragraph (5) inserted into Schedule 2 in the 1998 Regulations by regulation 6(b) intended to be added at the end of paragraph 1 of Schedule 2?

    (3)  Explain why paragraphs 1(2) and 1(4) of Schedule 2 are not amended to include references to item 14 and items 13 and 14 respectively".

2. As to point (1), regulation 3(2) is intended to define the expressions listed in it for the purposes of amendments made to the 1988 Regulations by the present amending Regulations. The definitions should have been incorporated directly into the 1998 Regulations.

3. The answer to point (2) is "yes". The new sub-paragraph (5) is intended to be inserted at the end of paragraph (1) of Schedule 2 and regulation 6(b) should have stated this.

4. As regards point (3), regulation 6 should have made the consequential amendments to paragraphs 1(2) and 1(4) to which the Joint Committee refers.

5. The Department apologises for these errors and will further amend the 1988 Regulations to rectify them at the earliest available opportunity.

22 January 2001

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