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Joint Committee on Statutory Instruments Seventeenth Report


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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