1.In its letter to the Department of 17th November 2017, the Committee requested a memorandum on the following point:
Explain the need for including both the second half of paragraph (1), and paragraph (3), of regulation 1 which appear duplicatory.
2.The Department’s response to the Committee’s point is set out below.
3.The intention behind regulation 1(3) is to help the reader by completing the picture. Regulation 1(2) gives the Regulations effect from a certain date for certain purposes. Regulation 1(3) then tells the reader when the Regulations have effect for all other purposes. It helps the reader to understand the position given that regulation 1(2) only applies for some purposes, meaning that the reader does not have to rely on implication to determine when the Regulations have effect for all other purposes.
4.The Department does not believe that this is technically duplication because regulation 1(1) and (3) are about different things: regulation 1(1) is about commencement; regulation 1(3) is about effect.
5.If, however, the Committee considers that regulation 1(3) is unnecessary or that it duplicates the second half of regulation 1(1), then the Department undertakes to remove it as soon as a suitable opportunity arises.
Department for Work and Pensions
22 November 2017
30 November 2017