1.In its letter to the Department of Business, Energy and Industrial Strategy of 22 November 2017, the Joint Committee requested a memorandum on the following point:
In regulation 7(2)(b)(iv)(aa) explain the meaning of “not inconsistent”.
2.The Department accepts that, in this regulation, there has been a typographical error and the word “not” should be omitted. The Department thanks the Committee for highlighting this error.
3.This regulation sets out the information that must be included in applications made, to the Secretary of State, for the reference of a dispute for determination. Regulation 7(2) sets out the information required from the party making this reference. It is split into three sections according to who is making the reference. Regulation 7(2)(b) sets out the information required from a ‘regulated person’ making a reference. In this case the party would provide information as to why the enforcement action is contrary to primary authority advice that the regulated person has received.
4.Regulation 7(2)(b) replaces regulation 3(2)(b) of the Co-ordination of Regulatory Enforcement (Procedure for References to LBRO) Order 2009 (S.I. 2009/670). The determination procedure has been in place since this time. Statutory Guidance and a further guide are available, for users, regarding determinations.
5.The inclusion of the word “not” is clearly a typographical error and, as such, we would look to treat this as a minor amendment.
6.The Department will submit a correction slip in order to rectify this mistake or, if this is not felt to be acceptable, will aim to rectify on the next available opportunity.
Department for Business, Energy and Industrial Strategy
24 November 2017
7 December 2017