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Joint Committee on Statutory Instruments Twenty-Seventh Report


2 S.I. 2007/1941: reported for defective drafting


Plant Protection Products (Amendment) (No.2) Regulations 2007 (S.I. 2007/1941)


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

2.2 These Regulations amend the Plant Protection Products Regulations 2005 and are made under section 2 of the European Communities Act 1972. The preamble also refers to paragraph 1A of Schedule 2 to that Act. As is apparent from the Explanatory Note, the Regulations are intended to ensure that the reference to Council Directive 91/414/EEC in the 2005 Regulations is a reference to it as amended from time to time. In a memorandum printed at Appendix 2 the Department for Environment, Food and Rural Affairs acknowledges that express provision should have been made in the operative part of the Regulations to that effect, given the terms of paragraph 1A(1) of Schedule 2 to the 1972 Act. The Department states that it will correct the omission at the first available opportunity, and it has subsequently done so in S.I. 2007/2466. The Committee reports S.I. 2007/1941 for defective drafting, acknowledged by the Department. In addition the Committee commends the Department for having acted promptly to rectify the error.



 
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