Joint Committee on Statutory Instruments Fourth Report


Memorandum by the Scottish Office


  1. This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 11 June in which they ask for an explanation of the following point arising in connection with the above statutory instrument.

  2. Regulation 24(3) modifies the effect of regulation 23(2) in the circumstances set out in paragraphs (3)(a) and (b) by substituting a reference to regulation "24(4) below". Verify the reference to regulation 24(4).

  The Scottish Office accepts that the reference in regulation 24(3) to "regulation 24(4) below" is a drafting error and is grateful to the Joint Committee for bringing the point to its attention. The correct reference should have been "regulation 24(2) below". The Scottish Office has considered whether the problem would be best addressed by means of amending the Regulations, but has decided against this. The reference is presently meaningless (in the absence of a paragraph (4) in regulation 24), but it is not thought that Scottish local authorities (who require to apply the Regulations in levying rates) will be in any doubt as to what was intended. Regulation 24 is in almost identical terms to regulation 23 of S.I. 1995/548 and regulation 28 of S.I. 1996/103, which dealt with the same issue as regards financial years 1995-96 and 1996-97 respectively and which contained correct references. The drafting error will be brought to the attention of all local authorities by means of a Scottish Office circular.

16th June 1997

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