Memorandum by the Scottish Office
1999 (S.I. 1999/673)
1. This memorandum is submitted in response
to a letter from the Clerk to the Joint Committee on Statutory
Instruments dated 5 May 1999 requesting a memorandum on the following
"(1) Article 3(a) and (b) designate
countries in relation to offences corresponding to offences to
which Part I of the Act applies and drug trafficking offences
respectively and does so by reference to Part I and Part II of
Schedule 1. Part 1 of the Schedule, however, purports to list
countries in relation to drug trafficking offences and Part II
purposes to list countries in relation to Part I of the Act offences.
Explain this apparent mismatch between the two paragraphs of article
3 and the two Parts of the Schedule.
(2) In the subsection (b) of section
29 of the Act substituted by paragraph 14(e) of Schedule 3, ought
not the reference to the 1998 Order to be a reference to "the
2. A copy of the Order that was sent down for
consideration by the Privy Council at their meeting on 10 March
is attached. The Committee will observe that there is no mismatch
between the two paragraphs of article 3 and the two Parts of the
Schedule. The printed version of the Order relates to an earlier
draft of the Order which had been sent to HMSO and in which there
was, as the Committee has pointed out, an error in article 3.
When the mistake was corrected the disc containing the correct
version was not sent to HMSO at the same time due to an administrative
3. This meant that, although the Queen in Council
approved the correct version, when the Privy Council Office requested
HMSO to print the Order for the purposes of laying before Parliament,
the wrong version of the Order was printed. The Department apologises
for this extremely unfortunate mistake and is taking steps to
ensure that this type of error should not be capable of happening
4. In view of this printing error and as the
correct version was approved on 10 March, the Privy Council Office
will organise a reprint of the Order. The stationary office will
also be asked to ensure that a free correct copy will be sent
to all those who have been recorded as purchasing the original
Order and it will also be re-circulated to all those on the Statutory
Instruments standing Order list. The reprinting will be undertaken
in the next two to three weeks.
5. The Department agrees that the reference
to the "1998 Order" ought to have been a reference to
the 1999 Order and apologises for the mistake. The reference will
be altered as part of the reprinting process.
6. The terms of this Memorandum have been agreed
with the Privy Council Office.
13 May 1999