Joint Committee on Statutory Instruments Thirteenth Report


APPENDIX VIII

Memorandum by the Ministry of Agriculture, Fisheries and Food


BOVINES AND BOVINE PRODUCTS (DESPATCH PROHIBITION AND PRODUCTION RESTRICTION) REGULATIONS 1997 (S.I. 1997/1905)

  1. The Committee has requested a memorandum on the following question on these Regulations:

   "Regulation 11(3) requires an inspector, who exercises the power conferred by paragraph (2), to determine (as soon as [is reasonably] practicable and in any event within 21 days) whether he is satisfied that the consignment is [not] illegal. From what event is the 21 days' period intended to run? Similar question in relation to regulation 14(8)."

  2. Regulation 11(3) provides a period of 21 days within which an inspector, who exercises the power conferred by paragraph (2), is required to determine whether he is satisfied that the consignment (in respect of which the power is exercised) is not illegal. That period is intended to begin on the day on which the inspector exercises the power conferred by paragraph (2). The Ministry considers it is implicit it therefore begins on the day when an inspector gives a notice in respect of a consignment under sub-paragraph (a) or (b) of paragraph (2) or seizes and removes the consignment as described in sub-paragraph (c) of that paragraph.

  3. Regulation 14(8) requires the Minister to issue a certificate under paragraph (7) within three days of his being satisfied as mentioned in that paragraph. On an application by a proprietor for such a certificate, the Minister is required to determine (as soon as is reasonably practicable and in any event within 14 days) whether or not he is so satisfied. The period of 14 days is intended to begin on the day on which the application by the proprietor is made. The Ministry considers this to be the most literal construction and also that which most favours the applicant. The Ministry will amend the provision to clarify this at the next opportunity.

  4. The Committee has also requested 22 copies of "the first memorandum", which we understand to mean the memorandum submitted when the Regulations were laid. Twenty-two copies of that memorandum are also submitted.

11th November 1997


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1997
Prepared 19 December 1997