Fourth Report Contents

Appendix 8

S.I. 2017/390 and S.I. 2017/401

Road Traffic Act 1988 (Motor Racing) (England) Regulations 2017

Deregulation Act 2015 (Birmingham City Council Act 1985) (Repeal) Regulations 2017

1.The Committee has requested a memorandum on the following points in respect of the instruments outlined above:

Given the reference to consultation in paragraph 8.1 of the Explanatory Memorandum, explain why the preamble does not recite that consultation has taken place in accordance with section 195(2) of the Road Traffic Act 1988, as required by paragraph 3.11.28 of Statutory Instrument Practice 5th Edition May 2017. (Previously paragraph 2.4.7 of 4th Edition)

Given the reference to consultation in paragraph 8.1 of the Explanatory Memorandum, explain why the preamble does not recite that consultation has taken place in accordance with section 75(8) of the Deregulation Act 2015, as required by paragraph 3.11.28 of Statutory Instrument Practice 5th Edition May 2017. (Previously paragraph 2.4.7 of 4th Edition)

Response

2.The Department is grateful to the Committee for making this point, and agrees that both instruments ought to have recited the fact that consultation had taken place in accordance with section 195(2) of the Road Traffic Act 1988 and section 75(8) of the Deregulation Act 2015. The Department apologises for these omissions.

3.As the Explanatory Memorandum makes clear, the required consultation was carried out before the Regulations were made and, therefore, that there was no failure to comply with the statutory conditions for making these Regulations. However, the Department will take steps to ensure that the requirement to recite that consultation has taken place will not be omitted in future.

Department for Transport

21 November 2017





30 November 2017