Joint Committee on Statutory Instruments Twenty-Ninth Report

4 S.I. 2003/1729: defective drafting

Disease Control (England) Order 2003 (S.I. 2003/1729)

4.1 The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted.

4.2 Article 2 defines the expression "veterinary surgeon", but that expression does not appear anywhere else in the Order. In a memorandum printed at Appendix 4, the Department for Environment, Food and Rural Affairs acknowledges that the definition should not have been included.

4.3 The Order provides for the grant of general licences and specific licences. Article 14 is headed "Specific licences", and paragraphs (1), (2) and (4) of that article refer expressly to specific licences. Paragraph (3), however, imposes requirements in respect of every animal which is moved under the authority of a licence under this Order. It is therefore unclear whether it is intended to apply to both types of licence or only to specific licences. The Department explains that article 14(3) is intended to apply only where an animal is moved under the authority of a specific licence, and acknowledges that this should have been expressly stated.

4.4 Article 20(1) refers to the requirements of the Transport of Animals (Cleansing and Disinfection) (England) Order 2003, which was revoked in June. The Department acknowledges that the reference should have been to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003.

4.5 The Department undertakes to correct these errors when it next amends the instrument.

4.6 The Committee accordingly reports articles 2, 14(3) and 20(1) for defective drafting, acknowledged by the Department.

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