Joint Committee on Statutory Instruments Twenty-Seventh Report


APPENDIX 3

Memorandum from the Department of Health

NATIONAL HEALTH SERVICE (GENERAL DENTAL SERVICES) AMENDMENT REGULATIONS 2002 (S.I. 2002/558)

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

    (1) Regulation 5(a) substitutes words for the words from "legal proceedings" to "in the United Kingdom" in regulation 5ZB(1) of the principal Regulations. Given that "in the United Kingdom" appears twice in that provision, identify the words to be replaced.

2. This provision should have stipulated that the words to be replaced were from "legal proceedings" to "in the United Kingdom" in the second place in which they occur.

(2) The substituted words appear to apply only to proceedings in respect of conduct which occurred outside the United Kingdom. Is this intended?

3. The intention is to apply to proceedings in respect of conduct which occurred anywhere in the world. The Department accepts that the substituted words do not achieve this in so far as the United Kingdom is concerned.

4. The same points arise in regulation 4 of S.I. 2002/601 and, in respect of point (2), paragraph 6 of the Schedule to S.I. 2002/554. The Department undertakes to amend the regulations at the first available opportunity.

22 April 2002



 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2002
Prepared 7 May 2002