Joint Committee on Statutory Instruments Nineteenth Report


Memorandum by the Scottish Office


  (S.I. 1999/614)

  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 Instrument.

  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

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