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
2002 (S.I. 2002/202)
2. The Committee draws the special attention of
both Houses to this Order on the ground that it is defectively
drafted in one respect.
3. Article 2 provides that in the Order, unless
the context otherwise requires, the expressions "animal
gathering" and "approved disinfectant" are to have
the meaning ascribed to them in that article. In a memorandum
printed in Appendix 1, the Department for Environment, Food and
Rural Affairs accepts that the italicised words should have been
omitted, since the context nowhere requires a contrary interpretation.
The Committee therefore reports article 2 for defective drafting,
acknowledged by the Department.
4. We were also concerned that the version of the
order which was sent to us for scrutiny contained errors in the
numbering of its first two and last three articles (which were
all numbered "6"). The Department confirms in its memorandum
that neither the signed copy nor the corrected proof copy contain
this error. It does not explain, however, how a wrongly numbered
copy came to be sent to the Committee. We remind Departments
once again of the importance of ensuring that the copies of instruments
sent to the Committee are identical in every way to those laid
before Parliament, which must themselves be certified as true
copies of the instrument as signed.
REGULATIONS 2002 (S.I. 2002/183)
5. The Committee draws the special attention of
both Houses to these Regulations on the ground that they are defectively
drafted in one respect.
6. Regulation 6(1) provides that certain specified
provisions of the Food Safety Act 1990 are to apply for the purpose
of these Regulations and, unless the context otherwise requires,
any reference in them to the Act or Part thereof is to be
construed as a reference to these Regulations. In a further memorandum
printed in Appendix 2, the Food Standards Agency acknowledges
that the italicised words were included in error, since there
is no context in which a different interpretation is required.
The Committee therefore reports regulation 6(1) for defective
drafting, acknowledged by the Department.
1 The Orders of Reference of the Committee are set
out in the First Report, Session 2001-02 (HL Paper 7; HC 135-i). Back