Drawing special attention to two Statutory Instruments - Statutory Instruments Joint Committee Contents


Appendix 2


S.I. 2012/1108: memorandum from the Department of Health


Health Research Authority (Amendment) Regulations 2012 (S.I. 2012/1108)


1.  In its letter to the Department of 23 May 2012, the Joint Committee requested a memorandum on the following point:

In the Schedule to the Health Research Authority Regulations 2011 inserted by regulation 2(7), why is paragraph 4(1) expressed to be subject to paragraph 4(2)?

2.  The Department's response to the Committee's point is outlined below.

3.  Paragraph 4(1) is expressed to be subject to paragraph 4(2) because it is intended to convey that usually meetings of the Health Research Authority must take place with at least two members, one of whom must be a non-officer member, but that there is a more specific requirement as to who must attend a meeting of the Authority than this where officer members of the Authority are to be appointed at a meeting. Where officer members of the Authority are to be appointed at a meeting of the Authority, the chair and chief executive of the Authority, rather than any non-officer member and any other member of the Authority, must be present at the meeting given the importance of the business to be transacted at that meeting. The Department considers that paragraph 4(2) is a qualification of the more general rule in paragraph 4(1) and so it is appropriate to flag that the more general rule is subject to the specific rule.

Department of Health

28 May 2012


 
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