Joint Committee on Statutory Instruments First Report


Memorandum from the Ministry of Agriculture, Fisheries and Food


The Committee has requested a memorandum on the following points.

(1)  Please explain why regulation 2 contains no provision indicating that expressions such as "milk" and "drinking milk" which have a meaning in the Council Regulation have that meaning in these Regulations.

The reason why no such provision was included in regulation 2 was that it was considered that the context of the provisions in which the expressions were used rendered obvious the intention that they should have the same meanings as in the Council Regulation. However, given that the enabling power has its own different definition of milk, it has now been concluded that drafting would have been improved if an express provision of the type suggested had been included in respect of the expressions "milk" and "drinking milk". When the Regulations are next amended, the opportunity will accordingly be taken to include it.

(2)  Given that the main provisions of this instrument (regulations 3 and 4) cannot be understood unless read in conjunction with Council Regulation (EC) No. 2597/97, please explain why the explanatory note does not indicate the substance of the prohibitions imposed by those provisions (see paragraphs 2.73 and 2.74 of Statutory Instrument Practice).

It is regretted that the Explanatory Note does not contain a brief summary of those provisions of the Council Regulation to which the prohibitions in this instrument relate. Steps are being taken to seek to remedy this in the Annual Volume of Statutory Instruments and any other future reprints of the instrument.

16th November 1998

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