Memorandum by the Scottish Office
1. This Memorandum is submitted to the Joint
Committee on Statutory Instruments in response to their letter
of 5 May 1999 in which they ask for an explanation of the
following points arising in connection with the above Statutory
2. The Committee seeks an explanation as follows:-
"Regulation 21 provides
that, where in connection with any order, consultation in accordance
with regulation 4 is commenced before the date of coming
into force of these Regulations, then the remaining procedural
steps in connection with the order are to be determined by the
1987 Regulations, notwithstanding their revocation by regulation 1(2).
Given that the reference to "regulation 4" gives
the misleading impression that it is a reference to that provision
in the 1999 Regulations, ought not it to have been made explicit
that the reference is to the 1987 Regulations? And ought not the
reference to "regulation 1(2)" to have read "regulation 22"?"
3. Dealing first with the reference to "regulation
4" it is considered by the Department that the meaning should
be clear from the context but it is accepted, on reflection, that
explicit reference to the 1987 Regulations would have removed
any possibility of a misleading impression being given.
4. As to the reference to "regulation 1(2)"
the reference should indeed have been to "regulation 22".
The Department apologise that this cross-reference slipped through -
all of the cross-references in the regulations had been checked,
but immediately prior to the making of the order the revocation
provision was moved from regulation 1(2) to regulation 22
and unfortunately this one cross-reference was over-looked.
5. In view of the Committee's letter drawing
these points to the Department's attention the Department will
be making amending Regulations, to amend regulation 21 to
pick up both of the points drawn to the Department's attention
by the Committee, at the earliest opportunity. In connection with
the amending Regulations the Department propose to comply with
paragraphs 3.24 and 3.25 of Statutory Instrument Practice
by applying the procedure for the free issue of the correcting
instrument set out in these paragraphs.
10 May 1999