Joint Committee on Statutory Instruments Twelfth Report


Memorandum prepared by the Northern Ireland Office


1. Following its meeting on the 19th November the Committee requested the department to submit a memorandum on the following point:

Explain the need for the general saving in regulation 22(1) for "any provisions imposed by the Communities"?

2. The Committee referred the department to paragraph 9 of the its Third Report (session 1997 - 98) where it dealt with a similar reference Railway Safety (Miscellaneous Provisions) Regulations 1997 (S.I. 1997/553).

3. The department accepts that the words quoted above in regulation 22(1) are unnecessary since the generality of the words conferring the power to grant exemptions must be regarded as implicitly restricted so as to exclude the exercise of the power which is not consistent with the United Kingdom's obligations under Community law. The department will avoid the use of such words in future Regulations. The department apologises for this defect, which the Committee has already drawn to the attention of departments in the report referred to above.

November 2001

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