Joint Committee on Statutory Instruments Twenty-Second Report


TWENTY-SECOND 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.

ANIMAL GATHERINGS (INTERIM MEASURES) (ENGLAND) ORDER 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.

FOOD AND ANIMAL FEEDINGSTUFFS (PRODUCTS OF ANIMAL ORIGIN FROM CHINA) (CONTROL) (ENGLAND) 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


 
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