Joint Committee on Statutory Instruments Ninth Report


Memorandum from the Lord Chancellor's Department


1. The Lord Chancellor's Department submits this memorandum in response to the request dated 30 October 2001 on the points set out below:

(1) Rule 1(2) provides that, on 30 September 2001, the 1987 Rules "shall cease to have effect save as provided for in these Rules or otherwise where the same still subsist or are capable of subsisting". Explain:

(a) where in the Rules it is provided that the 1987 Rules shall continue to apply;

(b) the purpose and effect of the underlined words; and

(c) whether provision is required in respect of proceedings which have been commenced in accordance with the 1987 Rules but not concluded at the date of their revocation and, if so, why none is made.

2. The Council for Licensed Conveyancers, which drafted the Rules, reply as follows:

"(a) There is no provision of this nature, and so this reference is incorrect.

(b) On reflection there are no circumstances in which this wording applies, and so it is superfluous.

(c) No: it is intended that the new Rules, not the 1987 Rules, will govern such proceedings.".

(2) Explain the reason for the inclusion of rule 2(2) (see section 23(1) of the Interpretation Act 1978 and paragraph 1.9(d) of S.I.P.).

3. The Council for Licensed Conveyancers reply: "It is accepted that section 23(1) of the Interpretation Act 1978 applies that Act to the Rules, and to that extent rule 2(2) is unnecessary, but it was felt that its inclusion would settle any doubt in the minds of users as to the Act's application, given that the Rules themselves are not a statutory instrument.".

5th November 2001

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