Joint Committee on Statutory Instruments Thirtieth Report


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


(S.I. 1998/580)

1.  By a letter from its Clerk dated 1 April 1998 the Committee has requested a memorandum on the following point on this Order, on which the Department would comment as follows:

    Article 3(1) revokes all directions given by the Secretary of State, under sections 14(2) and (3) of the 1988 Act, to the Metropolitan Borough of Solihull and the scheduled authorities, as a consequence of the exemptions created by article 2 in respect of the activities mentioned in article 2(2) and the Schedule ("specified activities"). Indicate whether or not the revoked directions (which will have contained prohibitions and restrictions no longer called for in the light of the new exemptions) related solely to specified activities; and if not, why the revocations effected by article 3(1) were not limited accordingly.

2.  The Department's intention was that directions revoked by article 3(1) should indeed relate solely to specified activities. When the Order was drafted, it was believed that the only directions given to the relevant authorities under section 14(2) and (3) did so relate. However in looking at the matter again in the light of the Committee's question the Department has ascertained that there is one direction falling within article 3(1) which does not relate solely to specified activities. The Department accordingly accepts that the revocations in article 3 should have been limited as the Committee suggests. The Department apologises for this oversight and is considering how it can best be remedied.

7th April 1998

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