Appendix 3 S.I. 2004/14: memorandum from
the Department for Work and Pensions
Housing Benefit and Council Tax Benefit (Abolition
of Benefit Periods) Amendment Regulations 2004 (S.I. 2004/14)
1. In its letter of 27th January 2004, the Joint
Committee requested that the Department submit a memorandum concerning
the above instrument on the following point-
Paragraph 2.13.2 of Statutory Instrument Practice
states that the explanatory note to an instrument should be informative,
and should say what the instrument does; should assist the reader
in deciding whether or not he needs to refer to the instrument,
and be intelligible to anyone who is not familiar with the relevant
area of law or administration. Paragraph 2.13.3 states that often
the text of an instrument cannot be understood unless it is read
in conjunction with other legislation, and in such a case the
explanatory note should help the reader to understand the instrument's
effect without looking up other provisions. Does the Department
agree that the explanatory note to this instrument does not sufficiently
satisfy these requirements?
2. The draftsman was attempting to strike a balance,
creating an explanatory note that was not overly long, while explaining
the substance and purport of the instrument. Regrettably, the
instrument was insufficiently informative in some respects. The
Department will prepare an amended explanatory note which takes
these requirements of Statutory Instrument Practice more fully
into account and ask for it to be included in the bound volume.
The Department will also ask HMSO to place the amended version
of the explanatory note on its website.
30th January 2004
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