Joint Committee on Statutory Instruments Thirteenth Report


APPENDIX VI

Memorandum by the Scottish Office


FOOD PROTECTION (EMERGENCY PROHIBITIONS) (PARALYTIC SHELLFISH POISONING) ORDER 1997 PARTIAL REVOCATION ORDER 1997 (S.I. 1997/1739)

FOOD PROTECTION (EMERGENCY PROHIBITIONS) (PARALYTIC SHELLFISH POISONING) ORDER 1997 REVOCATIONS ORDER 1997 (S.I. 1997/1978)

  1. This Memorandum is submitted to the Joint Committee on Statutory Instruments in response to their letter of 5 November 1997 in which they asked for a memorandum on the following point:

    "Both instruments came into force before they were laid. Has the Department sent notifications to the Lord Chancellor and the Speaker of the House of Commons as required by the proviso to section 4(1) of the Statutory Instruments Act 1946? If so, when, and, if not, explain why no notification was sent."

  2. Apologies are extended to the Committee for the deviation from, and therefore the default in, the procedure to advise the Speaker and the Lord Chancellor of the reason why these instruments came into force before being laid. Both Orders came into force before being laid to allow the immediate removal of the statutory ban on fishing for certain species of shellfish in the waters around Orkney imposed as a result of algal toxins - thereby allowing fisherman to return to their normal commercial activities with no unnecessary delay.

  3. This procedural default was due to an administrative oversight caused by major staff changes. The importance of the proviso to section 4(1) of the Statutory Instruments Act 1946 has been emphasised to the Department and special attention has also been drawn to paragraph 9(d) of the Committee's First Special Report - Report on Proceedings 1986-96. The Committee can be assured that procedures have now been put in place to guard against a reoccurrence of this error.

11th November 1997


 
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