Joint Committee on Statutory Instruments Thirty-Eighth Report


Memorandum from the Leader of the House of Commons


1. The Joint Committee has requested a Memorandum on two points:

In new regulation D2(3E) (inserted by regulation 2(4)) explain the relevance of the reference to "the date of the election referred to in sub-paragraph (b) or (c).

2. The reference to the date "of the election" is an error. Paragraph (3E) should refer back to "the date on which he was appointed as an office holder referred to in sub-paragraph (b) or (c)".

New paragraph 7(2) of Schedule 5 (inserted by regulation 6) authorises the Trustees to direct that the adopted child shall be treated as a relevant child if they are satisfied that the deceased and his or her husband or wife before the termination of their marriage had already formed the intention of adopting the child and the child was at the time of the deceased's death wholly dependant on the deceased. Should the italicised word have read "wholly or mainly", as in paragraph 3 of that Schedule? If not, explain the reason for this difference.

3. The words "or mainly" were omitted in error. The policy intention was to benefit an adopted child wholly or mainly dependant on the deceased.

4. In order to correct these errors before they can have any legal effect, the Leader of the House proposes to make an amending instrument [The Parliamentary Pensions (Amendment) (No. 2) Regulations 2002, S.I. 2002/1887] to come into force on 5th August simultaneously with this instrument. I trust that the Joint Committee will be prepared to disregard the "21 day rule" in respect of the amending instrument so that I can achieve this result.

19 July 2002

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