Joint Committee on Statutory Instruments Thirty-First Report


The Education Maintenance Allowance (Pilot Areas) Regulations 2000 (S.I. 2000/2012)

7. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

8. These Regulations make provision for the payment of allowances by certain local education authorities to, or in respect of, students over compulsory school age. Regulation 8(4)(g) provides that no weekly allowance is to be paid in respect of any week in which the student "has not done everything expected of her because of pregnancy or confinement (but without prejudice to regulation 11)". The Committee asked the Department for Education and Employment to explain whether this should have read "has not done everything expected of her in accordance with the education maintenance allowance learning agreement because of pregnancy or confinement (but without prejudice to regulation 11)".

9. The Department, in its memorandum printed in Appendix 4, acknowledges that the underlined words reflect the intended meaning and that, although it considers those words are to be implied, the provision would have been clearer had they been included. It undertakes to amend this provision when the Regulations are next amended. The Committee accordingly reports regulation 8(4)(g) for defective drafting, as acknowledged by the Department.


 
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