2 S.I.
2008/542: reported for defective drafting
Police Act 1997 (Criminal Records)(Disclosure)
Regulations (Northern Ireland) 2008 (S.I. 2008/542)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in two connected respects.
2.2 Regulation 2(1) defines "the Secretary of
State" as meaning the Secretary of State for Northern Ireland,
although the expression does not appear elsewhere in the body
of the instrument.
2.3 Regulation 2(2) specifies methods by which any
requirement in the regulations for notification or representations
to be in writing may be satisfied. Nowhere do the Regulations
require notifications or representations to be in writing.
2.4 In a memorandum printed at Appendix 2, the Northern
Ireland Office agrees that the definition in regulation 2(1) and
regulation 2(2) are otiose and should not have been included,
and indicates that is will take the opportunity to rectify the
position in regulations planned to be made during 2008. The
Committee accordingly reports regulation 2 for defective drafting,
acknowledged by the Department.
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