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Joint Committee on Statutory Instruments Seventeenth Report


Appendix 1


S.I. 2008/530: memorandum from the Department of Health


Medical Devices (Fees Amendments) Regulations 2008 (S.I. 2008/530)


1.  In its letter to the Department of 26th March 2008, the Joint Committee requested a memorandum on the following points:

Given paragraph 2.1 of the Explanatory Memorandum, which refers to some fees as being increased in overall effect by 6% and other fees being frozen, is the reduction in regulation in 2(3)(d) from £1,650 to £1,173 deliberate? If not, what is the correct figure?

2.  The reduction in regulation 2(3)(d) from £1,650 to £1,173 is not deliberate. The figure in regulation 2(3)(d) should have been increased from £1,650 to £1,743 which is the figure upon which the Department consulted. The Department apologises for the error and is grateful to the Joint Committee for drawing its attention to it. The error has arisen because at a late stage of the drafting process a change to the text of the regulation was made and unintentionally the figure of £1,173 replaced the figure of £1,743 which had been there before the change. Although a final check of the Regulations was carried out the error went unnoticed.

3.  The Department will amend the provision in a new Statutory Instrument to come into force in May. That instrument will be provided free of charge to anyone who can show that they have purchased the Medical Devices (Fees Amendments) Regulations 2008 (S.I. 2008/530).


Department of Health

27th March 2008


 
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