Appendix 4 S.I. 2004/1178: memorandum
from the Department of Trade and Industry
Electronic Commerce (EC Directive) (Extension)
Regulations 2004 (S.I. 2004/1178)
1. The Committee has requested a memorandum on the
following point:
The Committee does not consider that it would
be worthwhile to make a further amendment to regulation 3(2) of
the 2002 Regulations. Nevertheless, explain why the Department
has chosen to make the amendment proposed in its memorandum of
4 November 2002 which, as the Committee opined at paragraph 18
of its 1st Report of Session 2002-03, would result in unnecessary
obscurity, instead of using the formulation suggested by the Committee
in that paragraph.
2. In its memorandum of 4th November 2002, the Department
explained that the wording "or in exercise of a power to
legislate after that date" was used because it was intended
to encompass all subordinate legislation and also because it reflected
the wording of paragraph 1(1)( c) of the European Communities
Act 1972.
3. The Committee's view in paragraph 18 of its 1st
Report of Session 2002-03 was that this phrase was unnecessarily
complicated and that the Regulations should instead refer to all
subordinate legislation made after that date.
4. The Department appreciates that the Committee's
suggested phrasing is less opaque. However, the purpose of the
amendment to regulation 3(2) of the Electronic Commerce (EC Directive)
Regulations 2002 (S.I. 2002/2013) ("the 2002 Regulations")
was to correct a grammatical error, rather than to introduce a
substantive change.
5. This decision to make minimal changes was taken
in part because the Department is considering making further amending
regulations which would revoke regulation 3(2) of the 2002 Regulations
with the result that the 2002 Regulations would have prospective
effect.
13th May 2004
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