Joint Committee on Statutory Instruments Eleventh Report


Memorandum by the Department for Transport, Local Government and the Regions


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

"Explain the failure to comply with the 21 day rule in the case of this instrument, and why no such explanation was supplied to the Committee, as required by paragraph 5.22 of Statutory Instrument Practice."

2.The Department did not intend to break the 21 day rule in this case. Owing to an error, the instrument contains an earlier coming into force date than was intended. This error was not noticed and, accordingly, no explanation was supplied to the Committee for a breach of the 21 day rule. The Department apologises for the error, for its inadvertent breach of the 21 day rule and for failing to supply a Memorandum.

3.As the Order is essentially enabling in its nature, the error has no adverse consequence for local authorities or public bodies affected by the Order.

19th November 2001

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