Joint Committee on Statutory Instruments Twenty-Seventh Report

1   S.I. 2008/1556: reported for not conforming to proper legislative practice

Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and Amendment) (England) Regulations 2008 (S.I. 2008/1556)

1.1  The Committee draws the special attention of both Houses to these Regulations on the ground that the preamble does not accord with proper legislative practice.

1.2  These Regulations are made by the Secretary of State under section 2(2) of the European Communities Act 1972 pursuant to a designation made by Order in Council under that section. In a memorandum printed at Appendix 1 the Department for Communities and Local Government acknowledges that the preamble should have referred to the general designation of the Secretary of State in relation to "the environment" (that designation was made by S.I. 2008/301 to which footnote (a) refers), rather than the designation made by S.I. 1988/785 in relation to environmental measures of a specified type. That earlier designation was revoked by the later, wider designation. The Committee agrees with the Department that the fact that the earlier designation is both wide enough to cover the subject matter of the instrument and narrow enough to be contained within the later designation overcomes any possible doubt as to the efficacy of the preamble, even though it is not expressed as it should have been. The Committee reports the preamble for not being in accordance with proper legislative practice, acknowledged by the Department.

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