Memorandum by the Department of Trade
REGULATIONS 1999 (S.I. 1999/360)
1. By a letter from its Clerk dated 3rd
March 1999 the Committee has requested the Department to submit
a memorandum on the following points:
1. Regulation 12(2)(a) refers to
a notice served by the Secretary of State pursuant to "paragraph
11(3)". Verify this reference.
2. Regulation 16 empowers the court
to make an order -
(a) quashing the grant of consent (in respect
of a relevant project in relation to which an environmental statement
was required to be submitted by virtue of regulation 4(1) where
it is satisfied that the consent was granted in contravention
of regulation 5(2)(b) [paragraph (1)]
(b) quashing an approval or the imposition
of a relevant requirement where it is satisfied that the approval
or the imposition of the requirement was in contravention of regulation
9(5) [paragraph (2)]
Verify the references to regulations
4(1), 5(2)(b) and 9(5). Ought the references to have been to regulations
5(1), 5(4)(b) and 11(6)?
2. As to the first point, the words "paragraph
11(3)" should have been "regulation 11(4)".
3. As to the second point the Department
acknowledges that the references in regulation 16 should have
been as the Committee suggests.
4. The Department regrets these erroneous
cross-references and undertakes to correct them at the earliest
3rd March 1999