Joint Committee on Statutory Instruments Twenty-Seventh Report

Appendix 1

S.I. 2003/1558: memorandum from the Department for Education and Skills

New Schools (General) (England) Regulations 2003 (S.I. 2003/1558)

4. The Committee considered the above instrument and requested a memorandum on the following points:

(1) In regulation 10, paragraph (3) is expressed to be "subject to paragraph (5)", yet the latter appears to qualify paragraph (4) only. Should the reference be to paragraph (4)? If not, explain the purpose of the quoted words.

(2) Should the reference in regulation 10(7) to paragraphs (4) and (5) be to paragraphs (3) and (4)? If not, explain the relevance of the reference to paragraph (5).

5. The Committee has identified correctly that the reference in regulation 10(3) to paragraph (5) should be a reference to paragraph (4) and that the reference in regulation 10(7) to paragraphs (4) and (5) should be to paragraphs (3) and (4).

6. These errors are regretted and arrangements are being made for a correction slip to be issued.

(3) Regulation 37(3) is expressed in similar terms to regulation 6(3) of S.I. 2003/1377, in respect of which the Department provided a memorandum on 27 June. The Committee has the same question in respect of this provision. Does the Department wish to add anything to its earlier response?

7. The Department has nothing to add to its response of 27 June on this point.

(4) In paragraph 2(1) of Schedule 1, what has been omitted between "shall:" at the bottom of page 22 and "(i)" at the top of page 23?

8. The words "(a) designate either:" have been omitted. These words were included in the registered copy of S.I. 2003/1558 but a printing error occurred which has led to their omission in the printed copy. HM Stationery Office has admitted that an error was made and has offered to issue a correction slip. This offer has been accepted by the Department.

10 July 2003

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