Joint Committee on Statutory Instruments Sixth Report



APPENDIX II

Memorandum by the Department of Trade and Industry

CONSUMER PROTECTION (CANCELLATION OF CONTRACTS CONCLUDED AWAY FROM BUSINESS PREMISES) (AMENDMENT) REGULATIONS 1998 (S.I. 1998/3050)

1.  By letter from the Commons Clerk to the Joint Committee on Statutory Instruments dated 13 January 1999, the Committee asked for a memorandum on the following point:

    Explain (in the absence of any indication in the Explanatory Note or in the footnotes) what Community obligation or right is being implemented by this Instrument so as to authorise its being made under section 2(2) of the European Communities Act 1972.

2.  The Regulations modify the implementation in the United Kingdom (by S.I. 1987/2117, amended by S.I. 1998/958) of Council Directive 85/577/EEC, adopted to protect the consumer in respect of contracts negotiated away from business premises (OJ No. L372, 31.12.1985, p.31).

3.  The Department acknowledges that the Explanatory Note should have identified the Directive in accordance with paragraph 2.101 of Statutory Instrument Practice and regrets that, through an oversight, it did not. The Department should also have supplied a copy of the Directive to the Committee when the Regulations were laid before Parliament, and apologises to the Committee for failing to do so. A copy is provided with this memorandum (not printed).

18th January 1999


 
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