Joint Committee on Statutory Instruments Seventh Report



APPENDIX III

Memorandum by the Department for Education and Employment

NORTH SOUTHWARK EDUCATION ACTION ZONE ORDER 1998 (S.I. 1998/3057)

1.  The Committee requested a memorandum on the following point:

    Article 5 authorises the Forum to appoint [(d)] either one or two additional members from persons who are members of the Council of the London Borough of Southwark. Is it intended that such a member should cease to hold office as a member of the Forum if he ceases to be a member of the Council? If so, explain why no express provision is made to this effect: compare, for example, article 5(2) of S.I. 1998/3061, 3062 and 3066. If that is not the intention, explain the reason for this difference.

2.  It is intended that such a member should cease to hold office as a member of Forum if he ceases to be a member of the Council. In the Department's view this is implicit. If the Forum is given power to appoint additional members from persons who are members of the Council of a particular local authority the Department's view is that it must be the intention that the member must, whilst a member of the Forum, also be a member of the Council of the local authority. The Department admits that it would have been preferable if the point had been made explicitly as was done in the instruments noted by the Committee. However the failure to do so does not, in the Department's view, affects the interpretation of the provision put forward above.

25th January 1999


 
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