Joint Committee on Statutory Instruments Fifth Report


     7. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  8. Regulation 2(2)(d)(viii) provides for the substitution, in regulation 10(6) of the Child Support (Maintenance Assessment Procedure) Regulations 1992, of the word "section" for the words "sections 16". Given that the unamended regulation 10(6) requires the relevant notification to include "information as to sections 16 and 19(1) of the Act", the Committee asked the Department for Social Security whether regulation 2(2)(d)(viii) ought to have provided for the removal of the word "and". In the second of the two memoranda printed in Appendix III the Department admit that the words to be substituted should have been identified as "sections 16 and" and say that they will arrange to correct this drafting error at the earliest opportunity. The Committee reports regulation 2(2)(d)(viii) of the present Regulations for defective drafting, acknowledged by the Department.

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