Joint Committee on Statutory Instruments Thirty-Third Report



APPENDIX 10

Memorandum by the Department of the Environment, Transport and the Regions

RAILWAYS (SAFETY CASE) REGULATIONS 2000 (S.I. 2000/2688)

1. The Committee asked for a memorandum on the following points:

    "(1)  Verify the reference to "paragraph (3)(a)" in regulation 5(7)(c). Is it meant to be a reference to "paragraph (4)(a)"?

    (2)  Regulation 17(1) and (3) contains a saving for "any Community obligation of the United Kingdom". Explain why this general saving has been included, given that the Department (in their memorandum of 11 June 1997 on S.I. 1997/553) agreed not to include such words in future Regulations of that type. The Department's attention is drawn to the Committee's Third Report (1997-98)."

2. As regards point (1), the Department acknowledges that the reference should be to regulation (4)(a) and will amend regulation 5(7)(c) to rectify this error.

3. As regards point (2), the Department accepts that it agreed not to include such words in future Regulations of that type. The saving was included by reason of oversight, and the Department apologises.

23 November 2000


 
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