Appendix
1
S.I. 2010/917:
memorandum from the Department for Work and Pensions
Jobseeker's Allowance (Employment, Skills and
Enterprise Scheme) Regulations 2011
(SI 2011/917)
1. In its letter to the Department dated 11 May
2011, the Joint Committee requested a memorandum on the following
points:
1. Why do regulations 9 and 10 not include
amendments of regulation 10 and 11 of S.I. 2010/1222 to update
the form of the modifications of S.I. 1996/207 made by those regulations
in the light of the amendments now being made to that instrument?
2. Why does regulation 11(4) appear to proceed
as if modifications made by regulation 13 of S.I. 2010/1222 were
textual amendments rather than non-textual modifications?
3. Explain the apparent overlap between paragraph
(8ZB) inserted into regulation 7 of S.I. 1999/991 by regulation
17 (in which there is an unnecessary paragraph (a) and, in the
inserted text, a repeated "in regulation") and the modification
of regulation 7 made by regulation 20 of S.I. 2010/1222 and consisting
of paragraph (8ZA) (which regulation 17 seems to assume to be
an amendment).
2. The Department's response to each of the Committee's
points is outlined below.
3. Point (1)—The Department accepts that
the textual amendments made by regulations 9 and 10 inadvertently
duplicate the numbering of the modifications of S.I. 1996/207
made by regulations 10 and 11 of S.I. 2010/1222. The Department
apologises for this error.
4. Point (2)—As the Committee is aware,
amendments to S.I. 1996/207 were made by S.I. 2010/1222. These
took the form of modifications because the amending instrument
(which related to a pilot scheme) will cease to have effect on
a specified date. The further amendments made by S.I. 2011/917
are textual amendments and are not time-limited.
5. By a written statement to the House on 19th
November 2010, the Minister for Employment indicated that no claimants
would be selected for participation in the Work for Your Benefit
Pilot Scheme (implemented by S.I. 2010/1222) and that it would
not proceed
(http://www.publications.parliament.uk/pa/cm/cmtoday/cmwms/archive/101119.htm).
6. The Department drafted S.I. 2011/917 as if
the modifications made by S.I. 2010/1222 were textual amendments.
The Department considered that, in order to provide the greatest
clarity for the casual reader, where a textual amendment is made
by S.I. 2011/917 in relation to a provision which was modified
by SI 2010/1222, it would be preferable for that textual amendment
to take the next available sequential number, rather than taking
the number currently used by the modifications made by regulations
13 and 20 of S.I. 2010/1222 and amending the form of the modifications.
7. The Department accepts, however, that it would
have been preferable to refer to the modification structure within
the introductory wording of regulations 11(4) and 17.
8. Point (3)—In relation to the issue raised
in the third point regarding the duplication in paragraph (8ZA)
and (8ZB), the Department considers that this approach, although
to an extent repetitious, provides the greatest clarity for the
casual reader.
9. The Department accepts that regulation 17
includes an unnecessary paragraph (a) and, in the inserted text,
a repeated "in regulation". The Department apologises
for these errors.
Actions
10. To correct the duplication of numbering referred
to in paragraph 3 and following the approach set out in paragraph
6, the Department will issue a correction slip to re-number the
amendments made by regulations 9 and 10 so that they are sequential
to the amendments made by regulations 10 and 11 of 2010/1222.
11. The Department considers that the issues
in points two and three do not affect the meaning or effect of
the regulations, and that therefore neither a correction slip
nor a further amendment is necessary. However, since a correction
slip will be issued as mentioned in paragraph 10, the errors contained
in regulation 17 and referred to in paragraph 9, will be corrected
at the same time.
12. The Department will seek to ensure that such
drafting errors are not repeated in relation to future similar
regulations.
Department for Work and Pensions
18 May 2011
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