Joint Committee on Statutory Instruments Fifteenth Report


APPENDIX 6

Memorandum by the Lord Chancellor's Department

Criminal Defence Service (Funding) Order 2001 (S.I. 2001/855)

1. The Lord Chancellor's Department submits this memorandum in response to the request dated 4 April 2001 on the points set out below.

    (1)  Is the reference in paragraph 12(7) of Schedule 1 to sub-paragraph (6) intended to be a reference to sub-paragraph (8), is the reference in paragraph 12(12) to sub-paragraph (11) intended to be a reference to sub-paragraph (13), and is the reference in paragraph 12(13) to sub-paragraph (10) intended to be a reference to sub-paragraph (12)?

2. It is correct that those are the intended references. The incorrect references were inserted in error, for which the Department apologises.

    (2)  If, as the Committee assumes, those are the intended references, explain the purpose and effect of sub-paragraphs (12) and (13), given sub-paragraphs (7) and (8).

3. Given sub-paragraphs (7) and (8), sub-paragraphs (12) and (13) are not necessary.

    (3)  Are the references in paragraph 1(5) of Part 2 of Schedule 2 to paragraphs 12(6) and (5) to (7) of Schedule 1 intended to be references to paragraph 12(8) and (7) to (10) of that Schedule respectively?

4. It is correct that those are the intended references. The incorrect references were inserted in error, for which the Department apologises.

5. The Department proposes to amend the Order accordingly when an amending Order is made, which it anticipates will be in the near future. The Department is of the view that, in the meantime, undue confusion should not be caused to users of the Order due to the errors it contains. In relation to the references in paragraph (1) above, sub-paragraphs (12) and (13) of Schedule 1 paragraph 12 are (as we have acknowledged) superfluous and the opening words of paragraph 12(8) indicate that it must be this sub-paragraph which is being referred to in the preceding sub-paragraph. In relation to the references in paragraph (3) above, when paragraph 1(5) of Schedule 2 Part 2 is considered in its entirety, we would submit that the correct references are again sufficiently clear.


 
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