Joint Committee On Statutory Intruments Sixth Report

Further memorandum from the Department for Work and Pensions


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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