Joint Committee on Statutory Instruments Twentieth 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 ground specified.

1 S.I. 2006/92: reported for failure to comply with proper drafting practice

Cremation (Amendment) Regulations 2006 (S.I. 2006/92)


1.1 The Committee draws the special attention of both Houses to these Regulations on the ground that do not comply with proper drafting practice.

1.2 Regulation 3 provides for the amendment of "the Regulations as to Cremation (1930)". Statutory instruments were not given short titles in 1930, and there is therefore no instrument of that name. The correct way of referring to the earlier instrument is as "the Regulations made by the Secretary of State under section 7 of the Cremation Act 1902 and section 10 of the Births and Deaths Registration Act 1926 and dated 28th October 1930".

1.3 In a memorandum printed at Appendix 1, the Department for Constitutional Affairs accepts that this was an error. It also acknowledges the need to make a consolidating instrument (which would prevent the problem arising in future amending regulations) and undertakes to do so as soon as resources allow.

1.4 The Committee accordingly reports regulation 3 for failing to comply with proper drafting practice, as is acknowledged.





 
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