Joint Committee on Statutory Instruments Twenty-Ninth Report


Appendix 4

S.I. 2003/1729: memorandum from the Department for Environment, Food and Rural Affairs

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

1. The Joint Committee has requested a memorandum on the following points:

(1) Explain the inclusion in article 2 of the definition of "veterinary surgeon" given that this expression does not appear elsewhere in this instrument.

(2) Is article 14(3) intended to apply only where an animal is moved under the authority of a specific licence? If so, why is this not made clear? If not, why does this provision appear in an article headed "Specific licences"?

(3) Should not the reference in article 20(1) to S.I. 2003/255 be to S.I. 2003/1724?

(4) Explain the intended meaning of "must not have share" in paragraph 6(2)(b) of Schedule 2.

2. The Department responds as follows:

3. (1) The Department agrees that the term "veterinary surgeon" only appears in article 2 of the instrument. The Department therefore accepts that the definition of that term should not have been included in article 2.

4. (2) The Department confirms that article 14(3) is intended to apply only where an animal is moved under the authority of a specific licence and is accordingly included under the heading "Specific licences". The Department accepts however that given that in the other paragraphs of this article there is an express reference to animals being moved under a specific licence, it would have been appropriate for there to be such a reference in this paragraph as well.

5. (3) The Department agrees that the reference in article 20(1) to S.I. 2003/255 should be to S.I. 2003/1724.

6. (4) Paragraph 6(2)(b) of Schedule 2 contains a typographical error. The words "must not have share" should read "must not have shared". This error was corrected in the printers' proofs of the instrument as it was considered to be a correction that would not alter the meaning of the text. This error does not therefore appear in the printed copy of the instrument.

7. The Department proposes to correct the errors identified by the Joint Committee in points (1) to (3) of its request for a memorandum (point (4) having already been corrected) when next amending the instrument.

22 September 2003


 
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