Joint Committee on Statutory Instruments Nineteenth Report


APPENDIX VII

Memorandum by the Scottish Office

SCOTTISH LOCAL ELECTIONS AMENDMENT RULES (S.I. 1999/406)

SCOTTISH LOCAL ELECTIONS AMENDMENT (NO. 2) RULES 1999 (S.I. 1999/492)

  1. This memorandum is submitted on behalf of The Scottish Office in response to a letter from the Clerk to the Joint Committee on Statutory Instruments dated 5 May 1999 requesting a memorandum on the following points:-

      "(1)  S.I 1999/406 and 492 were laid before Parliament on 22 February and 2 March respectively, but were not sent to the Committee until mid-April. Explain the reason for this delay.

(2)  Since the second instrument (as the explanatory note indicates) corrects an error in the earlier instrument, explain whether arrangements have been made (as required by paragraph 3.24 of the Statutory Instrument Practice) for copies of the second instrument to be made available free of charge to all known recipients of the earlier one. If so, explain why the second instrument does not bear a headnote to that effect (see paragraph 3.25 of Statutory Instrument Practice)."

First question

  2. The volume of printing work, which the Scottish Office placed with The Stationery Office during March, was extremely high. The number of S.I.s produced over that period was some 2-3 times the average and many had a high page contents with the result that delivery dates were outside the printing timescales set out in the HMSO/TSO contract. The delay in both orders reaching the Committee was down to the 3/4 week delay in final printed versions being made available by HMSO. This matter has been taken up with HMSO by Scottish Office with a result that additional staff have been recruited by TSO to ensure that such delays do not arise in future.

Second question

  3. In view of the fact that SI 1999/492 revoked SI 1999/406 before it came into force the Secretary of State certified under regulation 6 of the Statutory Instruments Regulations 1947 that the printing of the instrument was unnecessary. As a consequence of this, SI 1999/406 has not been printed by HMSO. Unfortunately, the Department has been unable to trace the certificate or a copy of it. It also appears that notice of the certificate was not sent to the Clerk to the Statutory Instruments Reference Committee as required by regulation 11(3) of the 1947 Regulations. The Department has therefore arranged for a fresh certificate to be issued and this is attached together with the requisite notification. The Department is also taking appropriate action to ensure that the records at the Statutory Publications Office show that SI 199/406 was revoked before it came into force. The Department apologises for any inconvenience that has been caused to the Committee.

10 May 1999

Notification to the Statutory Instruments Reference Committee

THE SCOTTISH LOCAL ELECTIONS AMENDMENT RULES 1999 (S.I. 1999/406)

   The Statutory Instruments Reference Committee is notified, pursuant to regulations 11(3) of the Statutory Instruments Regulations 1947, that the Secretary of State has issued a certificate in respect of the above instrument under regulation 6 of the said Regulations. A copy of the certificate is attached, together with a copy of the instrument.

10 May 1999


 
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