Joint Committee on Statutory Instruments Eighth Report


Memorandum from the Department of Work and Pensions


  (NO. 2) REGULATIONS 2001 (S.I. 2001/2676)

1. The Joint Committee has requested that the Department submit a memorandum concerning the above regulations on the following point—

"Regulation 3 provides for the earlier 2001 Regulations to be revoked with the saving that they are to continue to have effect until "the day before" the first day of the relevant benefit week. Explain why the quoted words have been included. Is it intended that the revoked Regulations should not apply on the day before the first day of the relevant week? If this is not the intention, ought not the quoted words to have been omitted?"

2. It is intended that the change effected by the above regulations should take effect on the first day of the relevant week. It follows that the intention is that the earlier 2001 Regulations should continue to have effect until the end of the day before that day. To the extent that regulation 3 as drafted could be construed as effecting the revocation of the earlier regulation at the beginning of the day before the first day of the relevant week, we agree that it would have been clearer if the words "the day before" had been omitted.

3. The above regulations will shortly be revoked in regulations implementing a further change to the standard interest rate and making other amendments. In revoking these regulations, we will ensure that the relevant savings provision is drafted in clearer terms.

4. We are grateful to the Committee for drawing this to our attention.

25 October 2001

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