Joint Committee on Statutory Instruments Tenth Report


Memorandum from the Lord Chancellor's Department


1. The Committee has addressed to the Department for Transport, Local Government and the Regions a request for a memorandum. These Rules were signed by the Lord Chancellor with the concurrence of the Secretary of State, and the Lord Chancellor's Department submits a memorandum on the following points:

    " (1)  Explain—

      (a)  why it was necessary to breach the 21 day rule and why a memorandum on the matter was not supplied to the Committee;
      (b)  whether the notification required by the 1946 Act was given and, if so, why a copy was not supplied to the Committee as required by paragraph 5.19(f) of Statutory Instrument Practice

2. A memorandum explaining why it was necessary to breach the 21 day rule, and the notification required by the 1946 Act, were prepared and signed by the Lord Chancellor Department on 8th October, but due to an administrative oversight they were not delivered. A copy of each is attached to this memorandum[2].

3. The Department apologizes for this oversight.

4. The second of the Committee's points was:

    "(2)   Explain what is meant by the expression in the Explanatory Note 'railway administration proceedings for protected railway companies'. Does the Department agree that, having regard to paragraphs 2.73 and 2.74 of Statutory Instrument Practice, the Explanatory Note should have explained to which bodies the Rules apply and provided a broad indication of the provision made?"

5. The Note sought simply to explain that the Rules were concerned with the conduct of railway administration of a protected railway company, a term defined in s.59 of the Railways Act 1993. The Department accepts that the Note would have been clearer if, instead of relying on that definition, it had explained the nature of the companies affected and given a broader indication of the provision made by the Rules.

19 November 2001

2  The notification required by the 1946 Act is not printed. Such notification has now been given; that directed to the Speaker of the House of Commons was laid upon the Table of that House on Tuesday 20th November Back

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