Memorandum by HM Treasury
The Committee has requested a
memorandum on the following point:
Rule 6 of the 1979
Rules is amended by rule 5(a) of these Rules to refer to paragraph
(4) of that rule 6. Verify this reference to paragraph (4) (giving
its derivation). Is it meant to refer to the new paragraph (1A)?
The reference to paragraph (4)
was an error and should indeed have referred to paragraph (1A).
In the first draft of the instrument, the substance of what eventually
became paragraph (1A) was inserted as a new paragraph (4). When
this was changed in the final version, the cross-reference ought
to have been changed but was overlooked. The Treasury apologise
for this defect in the drafting. The Treasury consider that the
intended relationship between paragraphs (1) and (1A) is nevertheless
clear, and the Treasury propose to correct the reference when
the Rules are next amended.
2nd February 1999