Memorandum from the Department of Health
REGULATIONS 2002 (S.I. 2002/558)
1. The Committee has requested a memorandum on the
(1) Regulation 5(a) substitutes words for
the words from "legal proceedings" to "in the United
Kingdom" in regulation 5ZB(1) of the principal Regulations.
Given that "in the United Kingdom" appears twice in
that provision, identify the words to be replaced.
2. This provision should have stipulated that the
words to be replaced were from "legal proceedings" to
"in the United Kingdom" in the second place in which
(2) The substituted words appear to apply only
to proceedings in respect of conduct which occurred outside the
United Kingdom. Is this intended?
3. The intention is to apply to proceedings in respect
of conduct which occurred anywhere in the world. The Department
accepts that the substituted words do not achieve this in so far
as the United Kingdom is concerned.
4. The same points arise in regulation 4 of S.I.
2002/601 and, in respect of point (2), paragraph 6 of the Schedule
to S.I. 2002/554. The Department undertakes to amend the regulations
at the first available opportunity.
22 April 2002