Joint Committee on Statutory Instruments Twenty-Seventh Report


Appendix 1


S.I. 2008/1556: memorandum from the Department for Communities and Local Government


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


1. The Committee has requested a memorandum on the following point—

"Given that S.I. 2008/301 (referred to in footnote (a)) designates the Secretary of State in relation to the environment and revokes the designation in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment (contained in S.I. 1988/785), explain why the preamble uses the wording of the earlier designation.".

2. Work on the Regulations started in 2006 and the preamble was drafted on the basis of the now superseded designation. The new designation was picked up in the footnote but not, unfortunately, in the preamble. The Department apologises for the oversight.

3. Since the description used in the preamble falls within the broad description in S.I. 2008/301, the validity of the instrument is, in the Department's view, unaffected.




14th July 2008

Department for Communities and Local Government



 
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