Joint Committee on Statutory Instruments Fourteenth Report


FOURTEENTH REPORT

FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

ORDERED TO REPORT:

  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

  2. A memorandum from the Lord Chancellor's Department in connection with the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2000 (S.I. 2000/342) is printed in Appendix 1 to this report.

  3. A memorandum from the Lord Chancellor's Department in connection with the Community Legal Service (Costs) Regulations 2000 (S.I. 2000/441) is printed in Appendix 2 to this report.  

COMPETITION ACT 1998 (TRANSITIONAL, CONSEQUENTIAL AND SUPPLEMENTAL PROVISIONS) ORDER 2000 (S.I 2000/311)

  4. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  5. The Committee asked the Department of Trade and Industry to explain the reference in article 35(2) to the amendment of section 23(3) of the Greater London Authority Act 1999, given that section 23 of that Act contains no subsection (3) and does not deal with the disclosure of information shown in parentheses in article 35(2). The Department explain, in a memorandum printed in Appendix 3, that article 35(2) should have referred to section 235 of the 1999 Act. This section has the sidenote cited in parentheses in article 35. The error occurred in proof printing of the draft instrument and was not noticed before signature and publication. The Department undertake to rectify the error at the next available opportunity and the Committee accordingly reports article 35(2) for defective drafting, acknowledged by the Department.

SEA FISHING (ENFORCEMENT OF MEASURES FOR THE RECOVERY OF THE STOCK OF COD) (IRISH SEA) ORDER 2000 (S.I. 2000/435)

  6. The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

  7. This order makes provision for the enforcement of restrictions concerning the conservation of fishery resources. The Committee asked the Ministry of Agriculture, Fisheries and Food whether the provision in article 5 for the recovery of fines for "an offence under article 10 of this Order" should have been a reference to "article 11". In the memorandum printed in Appendix 4, the Department confirms that the reference should indeed have been to article 11. The Committee therefore reports article 5(1) for defective drafting, acknowledged by the Department. The Committee also accepts the Department's explanation of why no correction will be made: the measures under the Order are in force only until 30th April 2000 and other enforcement powers are sufficient for the purposes of the recovery of fines until that date.


1   The Orders of Reference of the Committee are set out in the First Report, Session 1999-2000 (HL Paper 4; HC 47-i). Back


 
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