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This instrument has caused our legal advisers some exasperation. Do members have any comments?
There is a concern about what happens on 1 April, because there are provisions relating only to incidents occurring before and after 1 April. Other than someone jumping out and shouting, "April Fool," it is not clear what will happen on 1 April, but that oversight needs to be highlighted. Neither is it clear what "in accordance with" means in regulation 4(1).
There is no explanatory memorandum for these regulations. It has been suggested that part of the instrument is ultra vires.
It is understood that that point has been identified by the Executive, but we should seek confirmation that the fact that regulation 3(e) is ultra vires will be addressed, draw attention to the fact that there is no explanatory memorandum and ask the Executive for clarification of the words "in accordance with" in regulation 4(1).