Joint Committee on Statutory Instruments Tenth Report


APPENDIX 7

Memorandum by the Department of Health

ADOPTION (INTERCOUNTRY ASPECTS) ACT 1999 (COMMENCEMENT NO. 1)
ORDER 2000 (S.I. 2000/52)

  1. The Committee has requested a memorandum on the following point relating to the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 1) Order 2000:

    The power under section 18(3) of the Act to appoint a day for the commencement of provisions of the Act is, in terms of section 16(1), "exercisable only after consultation with the National Assembly for Wales". Has such consultation taken place? If it has, explain why the recital of the power does not contain a statement of this fact, as required by paragraph 2.26 of the Statutory Instrument Practice.

  2. The Department confirms that consultation with the National Assembly for Wales took place in accordance with the provisions of section 16(1). The requirement to consult is noted at footnote (a) of the Order, but the Department accepts that the preamble should have recited the fulfilment of this condition. The point will be borne in mind in future.

7th February 2000


 
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