S.I. 2003/3122: second memorandum
from the Department for Transport
1. The Committee has asked the Department to submit
a Memorandum on the following points:
(1) The Department acknowledges, in its memorandum
of 19 January, that it did not identify the Committee's earlier
report when these Regulations were drafted. What arrangements
does the Department have in place to ensure that those responsible
for the preparation of statutory instruments are aware of relevant
issues raised in the Committee's reports, and why did the arrangements
fail in this instance?
2. The Department's standing instructions to lawyers
engaged in drafting statutory instruments include a requirement
to check for comments of the JCSI on any instrument being amended
or consolidated. Lawyers are expected to make a similar check
of any instrument which is being used as a precedent. A database
of memoranda submitted by the Department to the JCSI is available
for this purpose. Regretfully on this occasion the check was not
made. This particular incident has been brought to the attention
of all lawyers who have been reminded of the importance of carrying
out the check. The Department once again apologises for this oversight.
(2) With regard to the Department's comments on
regulation 2(2), explain:
(a) in what way the warning benefits the driver
named in the notice;
3. The Department's memorandum of 19 January stated
that "The warning printed on the rear of the notice is for
the driver's benefit and the driver should read this before affixing
the notice." This means that it is directed at the driver.
The warning reminds the driver that the exemption is a personal
one and that he should not leave the notice on display when he
is not driving the vehicle.
(b) if the warning is intended to be addressed
to that driver alone, what is its purpose and why does the Department
not intend to address a warning to drivers other than the named
driver;
4. The warning is addressed to the licensed driver
to whom the exemption notice has been issued. It reminds him of
the personal nature of the exemption, which will have been granted
on medical grounds. The Department does not consider it necessary
to warn other drivers by means of the notice of exemption, since
the notice of exemption is issued to a specific driver, on medical
grounds. Other drivers are notified of the system for granting
such exemptions by means of a guidance leaflet for drivers which
makes clear the personal nature of the exemption. Copies of the
guidance leaflet are available to all drivers.
(c) if the warning is intended to be addressed
to other drivers, how they are to be aware of the warning.
5. The warning is not intended to be addressed to
other drivers. Nevertheless, the Department considers that the
warning would also serve to inform other drivers who happen to
come into possession of the notice that they should not be displaying
the notice when they are driving.
2 February 2004
