Joint Committee on Statutory Instruments Eighteenth Report


APPENDIX 5

Memorandum from the Home Office

Misuse of Drugs Regulations 2001 (S.I. 2001/3998)

(1) Explain why regulation 2(1) defines "document" as having the same meaning as in Part I of the Civil Evidence Act 1968, given that Part I has been repealed by the Civil Evidence Act 1995, and why (instead of referring the reader to the 1968 Act) it does not set out the definition in full.

1. The Department accepts the points made by the Committee and apologises for the fact that in consolidating the previous regulations, the reference to the Civil Evidence Act 1968 was not updated and expanded. This defect will be corrected at the earliest convenient opportunity.

(2) Explain, in the light of the Postal Services Act 2000, why the exemption in regulation 6(7)(c) is restricted to a person engaged in the business of the Post Office.

2. The Department also acknowledges that the reference to the Post Office ought to have been updated in the light of the Postal Services Act 2000. In practice those concerned in the business of transporting drugs controlled drugs are likely in any event to come within the exemption in regulation 6(7)(b) (a person engaged in the business of a carrier). Nevertheless this defect will also be corrected at the earliest convenient opportunity.

28th January 2002


 
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