Memorandum from the Lord Chancellor's Department
2001 (S.I. 2001/3352)
1. The Committee has addressed to the Department
for Transport, Local Government and the Regions a request for
a memorandum. These Rules were signed by the Lord Chancellor with
the concurrence of the Secretary of State, and the Lord Chancellor's
Department submits a memorandum on the following points:
" (1) Explain
(a) why it was
necessary to breach the 21 day rule and why a memorandum on the
matter was not supplied to the Committee;
(b) whether the notification required by the 1946 Act was
given and, if so, why a copy was not supplied to the Committee
as required by paragraph 5.19(f) of Statutory Instrument Practice"
2. A memorandum explaining why it was necessary to
breach the 21 day rule, and the notification required by the 1946
Act, were prepared and signed by the Lord Chancellor Department
on 8th October, but due to an administrative oversight
they were not delivered. A copy of each is attached to this memorandum.
3. The Department apologizes for this oversight.
4. The second of the Committee's points was:
"(2) Explain what is
meant by the expression in the Explanatory Note 'railway administration
proceedings for protected railway companies'. Does the Department
agree that, having regard to paragraphs 2.73 and 2.74 of Statutory
Instrument Practice, the Explanatory Note should have explained
to which bodies the Rules apply and provided a broad indication
of the provision made?"
5. The Note sought simply to explain that the Rules
were concerned with the conduct of railway administration of a
protected railway company, a term defined in s.59 of the Railways
Act 1993. The Department accepts that the Note would have been
clearer if, instead of relying on that definition, it had explained
the nature of the companies affected and given a broader indication
of the provision made by the Rules.
19 November 2001
2 The notification required by the 1946 Act is not printed.
Such notification has now been given; that directed to the Speaker
of the House of Commons was laid upon the Table of that House
on Tuesday 20th November Back