Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX 1

First memorandum by the Department of Health

NATIONAL HEALTH SERVICE (OPTICAL CHARGES AND PAYMENTS) AND

  (GENERAL OPHTHALMIC SERVICES) AMENDMENT REGULATIONS 2001 (S.I. 2001/414)

1. The Committee has requested a memorandum on the following points:

    (1)  Given that the principal Regulations of 1986 and 1997 extend to England and Wales, but this amending instrument (following devolution) is intended to extend only to England, explain why there is no provision in the body of this instrument indicating that its extent is limited to England. The Department's attention is drawn to the Committee's Tenth Report (Session 1999-2000) on S.I. 2000/121.

    (2)  Given that the 1986 Regulations have now been amended on ten occasions in relation to England, indicate when a consolidation may be expected.

2. As the Committee will have noted, the title of the instrument indicates its territorial extent in the suffix ("England"), and the footnote explains the transfer of powers, and that the Regulations therefore extend only to England. Nevertheless the Department realises that there was not a provision in the body of the instrument making explicit that it only applies to England. This is due to an oversight for which the Department apologises.

3. On the second point, the Department intends to consolidate the 1986 Regulations as soon as resources allow.

19 March 2001


 
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