Joint Committee on Statutory Instruments Twelfth Report


Memorandum by the Department of the Environment, Transport and the Regions


  1. The Committee, by a letter from its clerk dated 29 October, has requested a memorandum on the following point:

    "By article 3(1) and Schedule 1 Part III a rent officer must give notice to the local authority of his determination of a reference rent within `the relevant period' which, in a case where he requires further information, is not to begin until he receives the information. Article 5 enables the rent officer to ask the authority for further information and then disapplies, until he receives it, the provisions imposing on him a duty to make and give notice of this determination. Explain why the second limb of article 5 is necessary. (See the Committee's 4th Report of 1997-98 on the corresponding Regulations in S.I. 1997/778)."

  2. We agree that the second limb of article 5 may not be strictly necessary in view of the definition of relevant period, but we consider that it helps users of the legislation. It makes the effect of the non-supply of information evident in the body of the Order, whereas the definition of relevant period is found in Part III of Schedule 1 and is in the context of the time limit within which a rent officer must give notice of a determination to a local authority.

  3. The position in S.I. 1997/778 is different, as there the obligation is to give written advice only, whereas in this Order there is an express obligation to make a determination and an express obligation to give notice of the determination.

4th November 1997

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