Joint Committee on Statutory Instruments Seventeenth Report


Memorandum from the Department of the Environment Northern Ireland


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

(1) Regulation 2(2) states that, except where the context otherwise requires, "prescribed" means prescribed by regulations. Explain where in the Regulations "prescribed" has that meaning.

(2) Identify the power under which regulation 27(7), which permits the Department to make regulations, is made.

2. With regards to point 1, the definition of 'prescribed' was originally included as part of drafting regulation 4 (dealing with prescribed offences). However, regulation 4 was subsequently re­drafted and the definition in regulation 2(2) is no longer necessary. The Department would like to apologise for this oversight and will undertake to remedy the error at the first opportunity.

3. On the second point, please refer to paragraph 14 of Schedule 1 to the Environment (Northern Ireland) Order 2002 (2002 No. 3153 (NI 7)).

31 March 2003

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