Joint Committee on Statutory Instruments Twenty-Eighth Report


Memorandum from the Department for Environment, Food and Rural Affairs


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

"(1) Regulation 2(1) provides that in these Regulations, unless the context otherwise requires, certain expressions are to have the meaning ascribed to them by that regulation. Explain the inclusion of the italicised words by identifying the context in which any of those expressions is intended to have a different meaning."

2. The Department acknowledges that the italicised words should have been omitted since the context nowhere requires any of the expressions listed to have a different meaning.

"(2) Paragraph (1) of regulation 15 empowers the appropriate authority to suspend or revoke a licence or authorisation where the person to whom it has been granted is guilty of an offence under regulation 16. Paragraph (2) requires the authority to take certain steps before it decides to revoke a licence or authorisation. Explain why paragraph (2) does not extend to a decision to suspend a licence or authorisation."

3. There is no substantive reason for the application of the procedures under paragraph (2) of regulation 15 only in the case of a revocation of a licence or authorisation. The Department therefore accepts that those procedures should also apply in the case of a suspension of such a licence or authorisation. The Department proposes to remove the discrepancy in the current wording by means of amending Regulations.

April 2002


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