Memorandum by the
Department of the Environment, Transport
and the Regions
1. By a letter from its clerk
dated 11 November 1998 the Committee has requested a memorandum
on two points, the first of which is:
(1) In regulation
3(4) ought not the reference to paragraph (5)(b) to be a reference
to paragraph (3)(b)?
2. The reference should indeed
be to paragraph (3)(b). The error is regretted. If it becomes
necessary to amend the Regulations in some other respect, the
opportunity will be taken to correct this error. It is considered
that in the circumstances the expense of an instrument purely
for this correction would not be justified: the reader should
not be misled because the only reference to "a person having
control" (other than in paragraph (4)) is in paragraph (3)(b);
and there is no paragraph (5)(b).
3. The second question of
the Committee is:
(2) Regulation 11(2)(a)(i)
and (ii) assumes that regulation 9(1), which applies to "lifting
equipment", also applies to an "accessory for lifting",
even though the latter expression is not mentioned in regulation
9(1). Please explain the basis of this assumption, given the definitions
of the two expressions in regulation 2(1) and the fact that regulation
9(3) refers separately to both lifting equipment and an accessory
4. Regulation 9(1) applies
to an "accessory for lifting" because it applies to
"lifting equipment" and an accessory for lifting is
a form of lifting equipment.
5. Paragraph (3) of regulation
9 provides that "lifting equipment" be thoroughly examined.
Sub-paragraph (a)(i) and (ii) of paragraph (3) contains different
provision for the different cases. It is a necessary inference
that anything identified in these sub-paragraphs, including an
"accessory for lifting", is a kind of lifting equipment.
6. Such reference is not
contradicted by the reference in sub-paragraph (a)(i) to "lifting
equipment" because the full reference is only to a kind of
lifting equipment, namely lifting equipment for lifting persons;
other lifting equipment is dealt with in sub-paragraph (ii).
7. In regulation 2(1) "accessory
for lifting" is defined as "work equipment for attaching
loads to machinery for lifting"; and "lifting equipment"
is defined as "work equipment for lifting or lowering loads
and includes its attachments used for anchoring, fixing or supporting
8. Neither definition makes
explicit that an accessory for lifting is a form of lifting equipment.
But they do not contradict that necessary inference referred to
in paragraph 5 that an "accessory for lifting" is a
kind of "lifting equipment".
16th November 1998