Joint Committee on Statutory Instruments Thirtieth Report



APPENDIX 1

Memorandum from the Department of Health

NATIONAL HEALTH SERVICE (GENERAL OPHTHALMIC SERVICES) AMENDMENT REGULATIONS 2002 (S.I. 2002/601)

  1. The Committee has requested a memorandum on the following points:
  2. (1) Indicate, in the light of the Department's second memorandum of 30 March 2001 on S.I. 2001/414 (printed as Appendix 1 to the Committee's 14th Report (Session 2000-2001)) whether work has begun on consolidating the 1986 Regulations and what progress has been made.

  3. The Department has had a substantial legislative programme in the last year which has meant that resources were not available to commence work on the consolidation of the 1986 Regulations.
  4. (2) Regulation 4(a) substitutes words for the words from "legal proceedings" to "in the United Kingdom" in regulation 7B(1)(a) of the principal Regulations. Given that "in the United Kingdom" appears twice in that provision, identify the words to be replaced.

  5. As mentioned in our memorandum of 22 April 2002 on the National Health Service (General Dental Services) Amendment Regulations (S.I. 2002/558), where identical provision was made, 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.
  6. (3) The substituted words appear to apply only to proceedings in respect of conduct which occurred outside the United Kingdom. Is this intended?

  7. As indicated in our memorandum on S.I.2002/558, where identical provision was made, 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.
  8. (4) Questions corresponding to (2) and (3) in relation to the amendments made by regulation 4(b) to regulation 7B(1)(b) of the principal Regulations.

  9. The Department accepts that the errors identified by the Committee in relation to the amendment made to regulation 7B(1)(a) of the principal Regulations are repeated in the amendment made to regulation 7B(1)(b).
  10. (5) In new paragraph (1)(f) of regulation 7B (as substituted by regulation 4(d)) ought not the words "appeal is successful" to have read "appeal is unsuccessful"?

  11. Clearly, the words should have read "appeal is unsuccessful".
  12. The Department apologies for these errors and undertakes to amend the regulations at the first available opportunity.
  13. 29 April 2002

      

    Further memorandum from the Department of Health

    NATIONAL HEALTH SERVICE (GENERAL OPHTHALMIC SERVICES) AMENDMENT REGULATIONS 2002 (S.I. 2002/601)

  14. The Committee has requested a further memorandum on the following point:
  15. In its memorandum of 30 March 2001 on S.I. 2001/414, the Department stated that "the expectation is that...work [on the Health and Social Care Bill and implementing subordinate legislation] will be substantially completed by the end of the year, when it is hoped that resources should become available to consolidate the 1986 Regulations." What are the Department's current plans for consolidating those Regulations and when is it expected that work might begin?

  16. The Department has had an intensive period of legislative activity since March 2001 which has not permitted any work on the consolidation of these Regulations. Although the Department recognises the desirability of consolidating the Regulations, we are not yet in a position to undertake this work as other legislative commitments have taken priority. The Department will continue to keep the position under review.

13 May 2002

 


 
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