2003/1727: failing to comply with proper drafting practice
Occupational Pension Schemes (Transfer Values
and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1727)
3.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they fail
to comply with proper drafting practice.
3.2 Regulations 2(3), 4(3), 5(3) and 6(3) each amend
existing instruments by inserting additional paragraphs. The first
paragraph in each case consists of a single sentence of unbroken
text of 14, 14, 18 and 17 lines respectively. Such provisions
are difficult to follow and should therefore be avoided.
3.3 In a memorandum printed at Appendix 3, the Department
for Work and Pensions accepts that it would have been possible
and preferable to assist the reader by dividing the material into
a series of shorter paragraphs. It is aware of best practice and
undertakes to remind its draftsmen about the matter.
3.4 The Committee accordingly reports these Regulations
for failing to comply with proper drafting practice, as acknowledged
by the Department.