2 S.I.
2011/1456: Reported for defective drafting
Food Additives (England) (Amendment) (No. 2)
Regulations 2011 (S.I. 2011/1456)
2.1 The Committee draws
the special attention of both Houses to these Regulations on the
ground that they are defectively drafted in one respect.
2.2 These Regulations
have effect to adjust the application to lycopene of the regulatory
system established by S.I.2009/3238. Regulation 4 requires reviews;
and paragraph (3) of that regulation requires the report of a
review to set out and assess the objectives of "the regulatory
system established by these Regulations". The Committee queried
the terms of that paragraph in the light of the limited purpose
of the Regulations. In a memorandum printed at Appendix 2, the
Food Standards Agency states that the terms of paragraph (3) are
closely based on the text of the Guidance on Sunsetting Regulations
produced by the Better Regulation Executive and argues that those
terms are not inappropriate, given that the Regulations establish
an altered regulatory system for lycopene. The Committee considers
that including in regulation 4(3) some specific reference to the
regulatory system established by S.I.2009/3238 as, by virtue of
the Regulations, it applies in relation to lycopene would have
accurately indicated what a report of a review is required to
address: the Regulations do not establish a regulatory system
as such but vary the coverage of an already established regulatory
system. The Committee accordingly
reports regulation 4(3) for defective drafting.
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