Joint Committee on Statutory Instruments Fifth Report


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


REGULATIONS 2000 (S.I. 2000/3197)

1. The Committee has asked the Department to submit a Memorandum on the following points:

    "(1)  Explain how the new regulation 61A(4) inserted by regulation 5(1) can be "subject to paragraphs (5) to (7)2;

    (2)  In the penultimate line of paragraph (4), should the reference to "this paragraph" refer to paragraph (3)?".

2. As to point (1), the new regulation 61A(4) contains the words referred to because it qualifies the new regulation 61A(3) which itself is expressed to be "subject to paragraphs (4) to (7)". However, the Department accepts that the new regulation 61A(4) need not have contained the words in question.

3. As to point (2), the reference in new regulation 61A(4) to "this paragraph" should have been to "paragraph (3)". The Department will amend the regulation at the earliest available opportunity.

22 January 2001

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