Memorandum by the Department
for Education and Employment
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
(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