Joint Committee on Statutory Instruments Thirteenth Report


APPENDIX III

Memorandum by the Department for Education and Employment

EDUCATION (TRANSITION TO NEW FRAMEWORK)(NEW SCHOOLS, GROUPS AND

MISCELLANEOUS) REGULATIONS 1999 (S.I. 1999/362)

  1.  In their letter of 3rd March 1999, the Committee have asked for a memorandum on the following points:

    (1)  Explain why the Table of Arrangement has been included after (instead of before) the recital of powers (see paragraphs 2.21 and 2.22 of Statutory Instrument Practice).

    (2)  Regulation 42(2)(b) refers to "paragraph 4 or 9 of the 1998 Act". Is this a reference to those paragraphs of Schedule 6 to the 1998 Act? If not, identify what is referred to.

  2.  The Table of Arrangement should have been included before the recital of powers. The Department apologises for this error and will note the point for future regulations.

  3.  The reference in regulation 42(2)(b) to "paragraph 4 or 9 of the 1998 Act" should have been a reference to those paragraphs of Schedule 6 to the 1998 Act. The Department regrets this error and is grateful to the Committee for drawing attention to it. In practice the Department considers that it is likely that the reference would be construed as a reference to the relevant paragraphs of Schedule 6 to the 1998 Act. The Department intends to amend regulation 42(2)(b) at an appropriate opportunity.

4th March 1999



 
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