Joint Committee on Statutory Instruments Sixteenth Report


APPENDIX 4

Memorandum from the Department for Education and Skills

EAST BASILDON EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3836)

NORTH SOUTHWARK EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3838)

KINGSTON UPON HULL (BRANSHOLME AREA) EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3840)

EAST BRIGHTON EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3841)

NORTH EAST SHEFFIELD EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3843)

PLYMOUTH EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3844)

THETFORD EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3845)

SOUTH TYNESIDE EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3846)

BIRMINGHAM (ASTON AND NECHELLS) EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3847)

NOTTINGHAM (BULWELL) EDUCATION ACTION ZONE (EXTENSION AND VARIATION) ORDER 2001 (S.I. 2001/3848)

1. The Joint Committee requested by letter on 18 December the submission of a memorandum on four points. Firstly,

 "(1) New article 9A (inserted by article 4 of S.I. 2001/3836) provides that a member of the Forum may be removed from office in the following circumstances- [(a)] in the case of a member who is a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be." Explain the inclusion of the italicised words, given that article 5 makes no reference to a governor. Corresponding question in relation to S.I. Nos. 3838, 3840, 3841, 3843 to 3848."

2. The reference to article 5 in each of these S.I.s is incorrect and should not have been included. The Department accepts this drafting is defective and will eliminate it from the future statutory instruments.

Secondly,

"(2) In new article 9A(d) (inserted by article 4 of S.I. 2001/3836) ought not the reference to "article 5(a), (b), (c) or (d)" to have read either "article 5" or "article 5(a) to (h)?"

3. The failure to also refer to article 5(e), (f), (g) and (h) is an error.

The third question asked is,

"(3) Verify the reference, in new article 9A(b) (inserted by article 5 of S.I. 2001/3844), to article 4(d)."

4. The reference to article 4(d) is an error and should not have been included.

Finally,

"(4) New article 9A (inserted by article 4 of S.I. 2001/3848) provides that a member of the Forum may be removed from office in the following circumstances- [(b)] in the case of a member appointed pursuant to article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected is discontinued. Explain the inclusion of the italicised words, given that article 5 does not contain any reference to a school."

5. The reference to article 5 is an error.

6. The Department accepts that the drafting is defective and will aim to eliminate such defects in future statutory instruments.

2 January 2002


 
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