Joint Committee on Statutory Instruments Sixteenth Report


APPENDIX 2

Memorandum by the Department for Education and Employment

Birmingham (Kitts Green and Shard End) Education Action Zone
(Variation) Order 2001 (S.I. 2001/972)

1. The Joint Committee requested by letter of 25 April 2001 the submission of a memorandum on the following point:

    "New article 9A (inserted by article 2(3)) provides that a member of the Forum may be removed from office by the Forum (b) in the case of a member appointed pursuant to article 4(a), "if any of the schools referred to in that paragraph are discontinued". Given that article 4(a) provides that the membership of the Forum must include one person appointed by the governing body of each zone school, unless any such governing body chooses not to make an appointment, ought not the quoted words have read: "if the school whose governing body appointed the member is discontinued (compare new article 9A(b), as inserted by article 2(3) of S.I. 2001/1000)"

2. The Department agrees that the drafting in S.I. 2001/1000 is superior. The words quoted in S.I. 2001/972 derive from the precedent used for a number of previous statutory instruments concerning Education Action Zones. The drafting was reconsidered and improved upon in S.I. 2001/1000, as the Joint Committee observes, and will be used in future drafting.

27 April 2001


 
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