1.In its letter to the Department of Business, Energy and Industrial Strategy of 25 April 2018, the Joint Committee requested a memorandum on the following points:
1. Why is there no mention in the preamble of the Secretary of State’s designation in relation to the matters dealt with in the instruments amended by article 20 and Schedule 6?
2. Should not the subject headings of this instrument include “TELECOMMUNICATIONS”?
(a) Why is there no mention in the preamble of the Secretary of State’s designation in relation to the matters dealt with in the instruments amended by article 20 and Schedule 6?
2.On the Committee’s first question, the Department accepts that the Secretary of State designation for matters included in Schedule 6 should have been cited in the preamble to the instrument. The designations do exist (SI 1996/1912 for lifts, SI 1995/2983 for recreational craft, and SI 1999/2788 for radio equipment). The Department thanks the Committee for drawing its attention to the point and apologises for the failure to refer to all the necessary designations, which was an oversight.
(b) Should not the subject headings of this instrument include “TELECOMMUNICATIONS”?
3.On the Committee’s second question, the Department considers that the headings used allow the SI to be classified correctly in accordance with the matter that is most clearly relevant to the subject matter of the SI. The amendment to the Radio Equipment Regulations 2017 specifies a penalty in respect of an offence which is about failure to cooperate with authorities who are evaluating radio equipment, which equipment has to comply with certain essential requirements including health and safety requirements. As such all the amending regulations relate to health and safety. However, the Department accepts that the Radio Equipment Regulations 2017 do have as their heading ‘Telecommunications’ so this heading could have been included.
Department for Business, Energy and Industrial Strategy
1 May 2018
Published: 11 May 2018