Joint Committee on Statutory Instruments Thirty-Fifth Report


APPENDIX 5

Memorandum from the Department for Education and Skills

DISABILITY DISCRIMINATION (EDUCATIONAL INSTITUTIONS) (ALTERATION OF LEASEHOLD PREMISES) REGULATIONS 2002 (S.I. 2002/1458)

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

(1) Should all the references in this instrument to Schedule 6 to the 1995 Act be to Schedule 4?

(2) Regulation 7 appears to have been made in exercise of the power conferred by paragraph 14 of Schedule 4 to the 1995 Act. Why is this provision not cited in the preamble, as required by paragraph 2.23 of Statutory Instrument Practice?

2. Yes they should. Schedule 4 to the 1995 Act is amended by Schedule 6 to the Special Educational Needs and Disability Act 2001 which led to this slip. The S.I. will be promptly re-made.

3. Regulation 7 is made in exercise of the power conferred in paragraph 14 of Schedule 4 and should have been cited.

1 July 2002


 
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