Royal Parks Regulations 2010 etc - Statutory Instruments Joint Committee Contents


Appendix 3


3 S.I. 2010/333: memorandum from the Department of Health/Department for Work and Pensions


Notification of Conventional Tower Cranes Regulations 2010 (S.I. 2010/333)


1.  In its letter to the Department of Health/Department for Work and Pensions of 10 March 2010, the Joint Committee requested a memorandum on the following point:

Is regulation 3(4) intended to exclude from the requirements of the

Regulations any conventional tower crane not used by its manufacturer

or should the words "by that person" have been included after the word

"supplied"?

The Department's response to the Joint Committee's point is set out below.

2.  The words "by that person" should have been included after the word "supplied" in regulation 3(4). The Department is grateful to the Committee for drawing its attention to the error and apologises for this oversight. The wording was intended to ensure consistency between these Regulations and regulation 3(5) of the Lifting Operations and Lifting Equipment Regulations 1998 (S.I. 1998/2307) which is as follows:

  The requirements imposed by these Regulations on an employer shall not apply to a person in respect of lifting equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.

  When drafting this provision in regulation 3(4) the words "by him" were removed after the word "supplied" with the intention of making the provision gender neutral. It was an oversight that the words were not replaced by gender neutral wording. The Department intends to rectify the error in the Regulations as soon as possible.

Department of Health/Department for Work and Pensions

15 March 2010



 
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