Memorandum by HM Treasury
1999 (S.I. 1999/2487)
1999 (S.I. 1999/2488)
1. In his letter dated 3rd November
1999, the Commons Clerk of the Committee requests the Treasury
to submit a Memorandum on the following point:
"Regulation 2 of S.I.
1999/2487 provides that "the Contributions and Benefits Act"
has the same meaning as in regulation 2(1) of the Family Credit
(General) Regulations 1987 and the Disability Working Allowance
(General) Regulations 1991. Explain what is meant by that
expression in the 1987 and 1991 Regulations and why regulation
2 of this instrument, instead of referring the reader to those
Regulations (as amended), does not set out that meaning. A corresponding
question in relation to S.I. 1999/2488."
2. As drafted, the definition
in regulation 2 picks up the definitions in regulation 2(1) of
the 1987 and 1991 Regulations (the latter definitions having been
added by Regulations 10(b) and 16(b) respectively of S.I. 1993/315),
and it was considered at the time of drafting that this was a
convenient way of defining "the Contributions and Benefits
Act" as the 1987 and 1991 Regulations are the subject of
amendment by S.I. 1999/2487 and 2488. However the definitions
in the 1987 and 1991 Regulations do not contain any special meaning,
and it is accordingly accepted that the shorter course would have
been to set out the meaning directly in regulation 2 of S.I. 1999/2487
and 2488, rather than refer the reader to the definitions in the
1987 and 1991 Regulations.
8 November 1999