Joint Committee on Statutory Instruments Fifteenth Report


APPENDIX 2

Memorandum from the Department of Environment, Food and Rural Affairs

SEEDS (NATIONAL LISTS OF VARIETIES) REGULATIONS 2001 (S.I. 2001/3510)

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

Paragraph (5) of regulation 9 allows the National Authorities, in specified circumstances and after giving notice to the person concerned, to vary, suspend or revoke an arrangement or further arrangement. Paragraph (6) gives them a general power to vary, suspend or revoke an arrangement or further arrangement or the conditions of an arrangement or further arrangement. Explain the intended effect of these two paragraphs, and:

(a) if paragraph (6) is intended to confer a general power, as appears from the inclusion of a reference to conditions, the purpose of paragraph (5);

(b) if paragraph (6) is intended merely to specify the method by which an arrangement may be varied, suspended or revoked under paragraph (5), the reference to conditions in paragraph (6).

2 The Department acknowledges that there is some duplication in the provisions of paragraphs (5) and (6) of regulation 9.

3 Paragraph (5) is intended to confer a power in the specified circumstances to vary, suspend or revoke an arrangement or further arrangement by giving notice to the person concerned. Paragraph (6) specifies that a notice to suspend, vary or revoke an arrangement or further arrangement should be given in writing to the person with whom the arrangement or further arrangement is made.

4 Paragraph (6) also refers to the variation, suspension or revocation of the conditions of the arrangement or further arrangement, subject to the same specific provision on giving notice. This power is implicit within the power conferred under paragraph (5), and the reference to conditions in paragraph (6) is probably superfluous.

5 The Department agrees that paragraphs (5) and (6) could readily have been combined and that the drafting is defective. However, it takes the view that, construed together, they are to be interpreted as giving a power to vary, suspend or revoke in the circumstances set out in (5), by a notice in writing to the person with whom the arrangement or further arrangement is made.

17 December 2001


 
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