Joint Committee on Statutory Instruments Forty-First Report


APPENDIX I

Memorandum by the Department of Trade and Industry

ELECTRICAL EQUIPMENT FOR EXPLOSIVE ATMOSPHERES (CERTIFICATION) (AMENDMENT)

(NO. 2) REGULATIONS 1998 (S.I. 1998/1469)

1. In the letter dated 1 July 1998 from the Commons Clerk of Committee, the Joint Committee on Statutory Instruments has requested a memorandum from the Department on the following point:

  Since this instrument corrects a defect in an earlier instrument (S.I. 1998/81), explain whether arrangements have been made (as required by paragraph 3.24 of Statutory Instrument Practice) for copies of the amending instrument to be made available free of charge to all known recipients of the earlier one. If so, explain why the amending instrument does not bear a headnote to that effect (see paragraph 3.25 of Statutory Instrument Practice).

2. The amendment effected by these Regulations, following the amendments already effected by the earlier amending instrument (S.I. 1998/81), is very limited. It is the considered view of the Department that manufacturers of relevant products are unlikely to take advantage of the transitional provisions in S.I. 1990/13 introduced by S.I. 1998/81 to any great extent due to a desire to use the revised and updated standards. Nevertheless, relevant parties have already been alerted to the correction to those transitional provisions made by these Regulations.

3. However, it is accepted that arrangements should have been made with HMSO to make these Regulations available free of charge to those who have already bought or who subsequently purchase S.I. 1998/81. It is regretted that these had not been made before making the instrument but steps have now been taken so that these Regulations are available free of charge. The Department apologises for the omission of a relevant headnote to these Regulations.

6th July 1998


 
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