Memorandum by the Department
1998 (S.I. 1998/682)
The Joint Committee has requested
a memorandum on the following point
Regulation 2 indicates
(as does the Explanatory Note) that the amendments in Part II
are the result of the coming into force of certain provisions
of the 1997 Act and certain regulations made thereunder. Explain
whether or not this provision has any legislative effect and if
not, why it appears in the instrument itself.
1. The provision in question
was inserted in an attempt to help the reader to understand why
the provisions to which it refers had been made. In the Department's
view it has legislative effect in that it is part of the law,
but only in the sense that the provision itself is merely declaratory.
2. The Department would respectfully
point to provisions in primary legislation such as, for example
section 19(1) of the
Firearms (Amendment) Act 1997 (c.5), which states the purpose
of Part II of that Act;
section 180(1) of the
Copyright, Designs and Patents Act 1988 (c.48), which introduces
Part II of that Act by stating that it confers rights on certain
persons and creates certain offences, referring in each case to
later sections; and
section 1 of the Legal
Aid Act 1988 (c.34) which states the purpose of the Act.
Such provisions appear to
the Department to fulfill a similar function to the provision
about which the Committee has requested a memorandum.
23rd April 1998