Joint Committee on Statutory Instruments Twenty-Ninth Report

3 S.I. 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.

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