Joint Committee on Statutory Instruments Tenth Report


Memorandum by the Department of Health


  1. The Committee has requested a memorandum on the following point concerning the above Regulations.

    Given that—

    (a)  the principal (1992) Regulations extend to England and Wales, but

    (b)  these amending Regulations (following devolution) extend only to England,

    explain why there is no provision in the body of these Regulations indicating that their extent is limited to England.

  2. These Regulations are made under sections 41, 42 and 126(4) of the National Health Service Act 1977. As set out in footnote (a) to the Regulations, in relation to Wales, the functions of the Secretary of State under these provisions were transferred to the National Assembly for Wales by S.I. 1999/672. It is therefore the Department's view that an "extent" provision is not technically required, since the Secretary of State has no powers to extend these regulations to Wales. It is further the Department's view that the heading of the instrument (which refers only to the National Health Service in England), together with the footnote mentioned and the explanatory note, should make the position clear to readers. The same approach was adopted in the National Health Service (Pharmaceutical Services) Amendment (No. 2) Regulations 1999 (S.I. 1999/2563), which did not attract comment from the Committee. The Department has however noted that Counsel to the Speaker has suggested that it would be good practice to include an extent provision in cases of this kind, and that advice will be taken fully into account in future.

7th February 2000

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