Joint Committee On Statutory Intruments Sixth Report


Memorandum from the Department for Work and Pensions


1. The Committee considered the Control of Lead at Work Regulations 2002 at its meeting on 25 November 2002 and requested a memorandum on the following point:

Explain the omission of a provision (corresponding to regulation 28 of S.I. 2002/2675 and regulation 21 of S.I. 2002/2677) that, in proceedings for an offence, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

2. The Control of Lead at Work Regulations (CLAW) 2002 revoke and re­enact CLAW 1998 (S.I. 1998/543). CLAW 1998 did not contain a due diligence defence ­ in line with the previous Regulations, CLAW 1980 (S.I. 1980/1248). The opposite was the case for S.I.s 2002/2675 and 2002/2677 and the Regulations which they revoked and re­enacted. No alteration as to the availability of the defence was thus made. This was consistent with the results of a substantial consultation exercise.

29th November 2002

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