Annex: memorandum from Department of Energy and
Climate Change
Memorandum to the Joint Committee on Statutory
Instruments
The Committee has requested a memorandum on the following
points:
1. Is there a word missing in regulation 6(1) of
the version of the draft Regulations that was laid before Parliament
on 9th June ("the laid version")?
2. Explain why the text of regulation 6(1) in the
final printed version of the draft (as supplied to each House
by The Stationery Office) is different from the text of that provision
in the laid version.
3. Explain what is being "certified" at
the top of the first page of the laid version, and the process
in the department for ensuring that the "certificate"
is correct.
In answer to the first point, there is indeed a word
missing in regulation 6(1) of the laid version. The word "supplied"
was included at the beginning of the second line in the electronic
version of the draft Regulations which were sent for printing.
When the Regulations were printed, the act of printing corrupted
the text of the Regulations. The Department accepts that with
the omission of that word the provision does not make sense and
is defective.
As to the second point, the text of regulation 6(1)
in the final printed version of the draft differs in that the
word "supplied" is included at the beginning of the
second line. The reason why that version of the draft differs
is due to the fact that the way in which TSO produced the draft
Regulations did not corrupt the text of the Regulations.
As regards the third point, 'certification' means
that the draft laid before Parliament is a copy of the version
which the Minister has seen and approved. The procedure in DECC
is as follows. A submission seeking Ministerial approval of a
draft Statutory Instrument is prepared by policy officials and
sent electronically to the drafting lawyer. The drafting lawyer
will attach that submission to an email to the departmental Parliamentary
Unit and will also attach the electronic final draft of the instrument.
That draft will have been checked by at least one other lawyer
as well as being validated for the purpose of publication by TSO.
Parliamentary Unit then send the electronic documents to the Minister's
private office for approval. If approved the electronic copy of
the instrument is printed in preparation for laying before Parliament
as well as being transmitted to TSO for publication.
In this case the electronic version of the Regulations
which were to be printed and laid and sent for publication contained
the missing word but when printed for the final time prior to
being laid the word "supplied" in regulation 6(1) did
not print. It is not clear to the Department exactly what is causing
the error but it appears to be specific to Microsoft Word (as
the published version printed correctly) and is specific to the
use of some printers and not others. It appears the loss of words
(which appear on screen but do not print) has recently occurred
in relation to another instrument this Department has been preparing.
Accordingly there is a possibility that the error may have consequences
for more than just these Regulations. In order to remedy the defect
in the laid version, the Department will be laying the draft Regulations
again as a matter of urgency having confirmed that the printed
version to be laid contains the missing word.
Given the existence of a potential defect in the
printing of Statutory Instruments in Microsoft Word the Department
is considering its processes and whether the final hard copy which
is to be physically laid should double checked by the drafting
lawyer before it is laid (not just the final electronic copy as
is current practice). The Department will also be investigating
the source of the printing error.
Department of Energy and Climate Change
23 June 2011
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