Memorandum by the Department
of Trade and Industry
1998 (S.I. 1998/1177)
1. In the letter dated 20
May 1998 from the Commons Clerk of the Committee, the Joint Committee
on Statutory Instruments has requested a Memorandum from the Department
on the following points:
(1) Regulation 2(2) provides
that "the services referred to in these Regulations are those
services mentioned or referred to in Schedule 1 hereto".
Identify those services by reference to the contents of Schedule
On the first point, regulation
2(2) of these Regulations refers to the provisions of its Schedule
1. Schedule 1 to the Regulations identifies the range of Community
legislation, the subject matter of that legislation and the services
provided by the Department of Trade and Industry in respect of
the legislation and in respect of which the fees are prescribed.
The services are identified in columns three and four of the tables
set out in both Part 1 and Part 2 of Schedule 1 to these Regulations,
those services being pattern approval, initial verification, type
approval or unit verification.
(2) Paragraph 2 of Schedule
2 provides for a fixed fee of £52 for initial verification
under regulation 7 of the Alcoholometers and Alcohol Hydrometers
(EEC Requirements) Regulations (S.I. 1977/1753). The fee
is payable "as indicated in paragraphs 3 and 4 below".
Explain how paragraph 3, which provides for monthly invoices and
is limited to variable fees under paragraphs
1(a) and (b), can be applicable in the case of a fixed
fee under paragraph 2.
On the second point, the reference
to paragraph 3 of Schedule 2 to the Regulations in its paragraph
2 was retained when consolidating the instrument in error and
the Department accepts that the reference to paragraph 3 should
not have appeared. The Department will rectify the position at
the first available opportunity.
(3) No indication is given
in the text of the Instrument or in the Explanatory Note of the
extent of the increases represented by the new fee amounts. Indicate
the amount and percentage increase for each item and explain why
the requirements of paragraph 2.77 of the Statutory Instrument
Practice were not complied with.
On the final point, the Department
accepts that the Statutory Instrument Practice states that the
Explanatory Memorandum should normally identify the extent of
any increase in fees. The omission of such identification in the
Explanatory Note to these Regulations is a regrettable oversight
in part occasioned by the fact that certain fees are payable in
respect of new services introduced by updated regulations.
5. By reference to the paragraph
numbering in the Explanatory Note, the Department can advise of
the following -
(a) paragraph 3(i),
initial verification, an increase of £2 per hour or 3 per
(b) paragraph 3(ii),
initial verification, no change;
(c) paragraph 3(iii),
pattern approval, an increase of £2 per hour or 3 per cent;
(e) paragraphs 4(i)
and (ii) refer to the services provided by the Department under
the updated legislation with regard to non-automatic weighing
instruments; the increases to the comparable services provided
under the earlier legislation are -
4(i), approved bodies, an increase of £60 or 30 per cent
(this is the first increase in fees since 9 April 1993);
4(ii), type approval and unit verification, an increase of £2
or 3 per cent; and
4(ii), environmental testing chamber and electromagnetic compatibility,
6. The Department will ensure
that paragraph 2.77 of the Statutory Instrument Practice will
be followed on the next occasion of the increase of the fees payable
under these Regulations.
27th May 1998