Joint Committee on Statutory Instruments Twentieth Report


TWENTIETH REPORT


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

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.

PEAK DISTRICT NATIONAL PARK AUTHORITY (RESTRICTION OF AGRICULTURAL OPERATIONS) ORDER 2002 (S.I. 2002/80)

2. The Committee draws the special attention of both Houses to this Order on the ground that there was unjustified delay in notifying the Lord Chancellor and the Speaker of the House of Commons that the instrument came into force before it was laid before Parliament.

3. The Order was laid before Parliament on 18 January 2002 and came into force on that day. Section 4 of the Interpretation Act 1978 (as applied to subordinate legislation) provides that an instrument comes into force at the beginning of the day on which it is stated to come into force. Accordingly the Order came into force immediately after midnight at the start of 18 January, and therefore came into force before it was laid . Under the proviso to section 4(1) of the Statutory Instruments Act 1946 the Lord Chancellor and the Speaker of the House of Commons must be notified forthwith in such a case. In a memorandum printed in the Appendix, the Department for Environment, Food and Rural Affairs acknowledges that no such notification was sent in the present case until the Committee pointed out the omission, and apologises for this administrative oversight. The Committee therefore reports that there was unjustified delay in notifying the Lord Chancellor and the Speaker of the House of Commons that this instrument came into force before it was laid.


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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