Joint Committee On Statutory Intruments Sixth Report


Further memorandum from the Department for Work and Pensions

CONTROL OF LEAD AT WORK REGULATIONS 2002 (S.I. 2002/2676)

1. The Committee considered the Control of Lead at Work Regulations 2002 at its meeting on 9 December 2002 and requested a further memorandum on the following point:

Explain the reasons for including a due diligence defence provision in S.I. 2002/2675 and S.I. 2002/2677, and why such reasons do not require the inclusion of a similar provision in S.I. 2002/2676.

2. In its previous memorandum of 29th November the Department noted that the position as to inclusion of a due diligence defence in these three sets of Regulations remains unchanged when compared to the Regulations revoked and re­enacted. The Health and Safety Commission considered the results of public consultation in arriving at their recommendations for Regulations which were put to Ministers. In the cases of S.I. 2002/2675 and S.I. 2002/2677 the Commission felt that the nature of the duties in these Regulations made inclusion of a due diligence defence appropriate. This was not the case with S.I. 2002/2676.

24th December 2002


 
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