Memorandum by the
Department of the Environment, Transport and the Regions
1999 (S.I. 1999/2059)
1. The Committee has requested
the Department to submit a Memorandum on the following points:-
(1) Given the extensive amendments
made by this instrument (and the other instruments mentioned at
footnote (b) on page 1) and the complexity of the principal Order
(as amended), indicate when a consolidation may be expected.
2. A consolidation is in
preparation and we hope to bring it into force during the course
of next year.
(2) New article 22D(3)(b)
(inserted by article 3(5)) provides for the suspension of the
medical certificate upon the elapse of the period
of illness. Should not the word "elapse" (used as if
it were a noun) to have read "expiry"? The Department's
attention is drawn to the Committee's Third Report (1995-96 Session)
on S.I. 1995/1970.
3. We will substitute for
"elapse" the word "expiry" in the consolidation.
We apologise for having failed to make this change previously
in accordance with our response to the Committee's earlier report.
(3) Ought not the reference
to article 22C, in paragraph 5 of Part C (Section 1) of new Schedule
8, to have been a reference to article 22A(2)?
4. Yes. We apologise for
this error. This too will be corrected in the forthcoming consolidation.
(4) In paragraph (20) of the
Explanatory Note explaining the new offence in article 59A (headed
"acting in a disruptive manner") ought not the words
of description to have confined themselves to the ingredients
of the offence as specified in article 59A without inferring disruptive
5. The Explanatory Note
is over one page long and gives a brief indication of the principal
changes introduced. In the circumstances, the Department felt
that it was preferable to avoid excessive detail in paragraph
20 but to give a general indication of the nature of the new offence
and the consequences of a breach together with a reference to
where the detail can be found.
25th October 1999