Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX VIII

Memorandum by the Department of the Environment, Transport and the Regions


LOCAL GOVERNMENT ACT 1988 (DEFINED ACTIVITIES) (EXEMPTION) (BRENT LONDON BOROUGH COUNCIL AND HARROGATE BOROUGH COUNCIL) ORDER 1997 (S.I. 1997/2259)

  The Committee has requested a memorandum on the following point -

    Is not the effect of article 3 to create an exemption from the competitive tendering requirements of Part I of the 1988 Act for a period before the Order came into force?

  It is true the effect of the article 3 is to purport to create an exemption for a period before the Order came into force. In the absence of a power to create exemptions having retrospective effect the Order must be invalid to the extent it purports to have that effect. The exemption in article 3 was first drafted considerably in advance of 1 October 1997, but once proof prints had been obtained there was a delay before the Order was made. It should have been noted that it was no longer possible to start the period of exemption on that date, since the instrument could not be in force by then. The Department apologises for this inadvertent error. No amendment to the Order is thought necessary since the 15-day period of purported retrospectivity has passed.

17th November 1997


 
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