Joint Committee on Statutory Instruments Thirty-Second Report


Instruments reported


The Committee has considered the following instruments, and has determined that the special attention of both Houses should be drawn to them on the grounds specified.

1 S.I. 2003/2553: defective drafting

Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (S.I. 2003/2553)

1.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

1.2 In a memorandum printed in Appendix 1, the Department of Trade and Industry accepts that the references to "calendar month" in regulation 5(1) and (3) are unnecessary and should have read "month", given that the Interpretation Act 1978, in Schedule 1, defines "month" as meaning calendar month. It undertakes to make the necessary corrections when the Regulations are next amended. The Committee accordingly reports regulation 5(1) and (3) for defective drafting, acknowledged by the Department.

2 S.I. 2003/2577: defective drafting

Olive Oil (Marketing Standards) Regulations 2003 (S.I. 2003/2577)

2.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

2.2 Regulation 8 provides that any person guilty of an offence under regulations 4,5, 6 or 7 shall be liable on summary conviction to a fine not exceeding the statutory maximum. In a memorandum printed in Appendix 2, the Department for Environment, Food and Rural Affairs accepts that the underlined words should have read "level 5 on the standard scale", given that the offence is triable only summarily. It undertakes to correct the error at the next opportunity. The Committee accordingly reports regulation 8 for defective drafting, acknowledged by the Department.


 
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Prepared 26 November 2003