Memorandum from the Department of the
Environment Northern Ireland
2003 (S.R. 2003/46)
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