Joint Memorandum by the Department of Health and the
Scottish Office Department of Health
1997 (S.I. 1997/2763)
1. The Committee considered the above instrument on 25 November
and has requested a memorandum on the following point:
Explain why the instrument has been numbered when regulation
3 of the Statutory Instruments Regulations 1947 postpones the
numbering of such an instrument until both Houses have given approval;
and what action the Department intends to take with regard to
2. In this case, that is, where the instrument is to be made
before being approved, the provisions of regulation 3 of the Statutory
Instruments Regulations 1947 would appear to allow for numbering
either immediately after the instrument is made or after it has
received approval as the use of the word "may" in the
proviso in the regulation seems to permit either practice.
3. The Departments made enquiries with the Statutory Publications
Office as to the numbering practice they should follow, and they
acted in accordance with what they were told. The Departments
regret that, as it subsequently transpired, the instrument was
numbered contrary to what the practice is in these cases, and
they note for the future the practice to be followed.
4. The Departments believe that it will be possible for the
instrument to retain the number which it has already been given.
28th November 1997