Joint Committee on Statutory Instruments Fifth Report


Memorandum by the Scottish Office


  1. This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 18 June 1997 in which they ask for an explanation of the following point arising in connection with the above Statutory Instrument.

  2. Inquiry is made in relation to regulation 3(b) which refers to "a person who lives with the payee as man and wife". It is suggested that the person who lives with the payee cannot be both a man and a wife.

  3. It is accepted that the Committee's alternative formulation, namely: - "Where 2 persons live together as man and wife and one is the payee" might better express the intention. However, it is thought that no reader or Court could have any doubt as to the meaning of the formulation as written, and we would not propose to change it, unless the Joint Committee advises us that they would prefer to have it changed; in which case, we would propose to change it at the next convenient opportunity.

20th June 1997

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