Memorandum by the Home Office
2000 (S.I. 2000/2326)
1. The Committee has requested a memorandum on two
Given that regulation 4(1)(b)
does not refer to any period of activity completed in the United
Kingdom, explain the purpose and effect of regulation 4(3) as
it applies for the purposes of the former.
2. The Department admits that the drafting of regulation
4(1)(b) is defective on this point. In accordance with the first
sub-paragraph of Article 2(1)(b) of Council Directive 75/34/EEC,
which regulation 4(1)(b) is intended to implement, it should have
been made clear that the "activity as a self-employed person"
referred to in regulation 4(1)(b)(ii) is activity in the United
Kingdom. The relevance of regulation 4(3) would then also have
3. Furthermore the Department observes that, in view
of the second sub-paragraph of Article 2(1)(b), read with the
second sub-paragraph of Article 2(1)(c), the reference to "paragraph
(1)(a) and (b)" in regulation 4(3) should in fact be a reference
to "paragraph (1)(a), (b) and (c)".
Explain the purpose of paragraph
(3) of regulation 6, given that paragraph (4) of that regulation
(which applies "in any other case") makes identical
4. The Department accepts that the drafting of regulation
6 is defective, and that paragraph (3) could simply have been
5. In order to correct these errors, the Department
proposes to make amending Regulations at an early opportunity.
14 November 2000