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Joint Committee on Statutory Instruments Eighteenth Report


1 S.I. 2008/623: reported for defective drafting


Companies (Defective Accounts and Directors' Reports) (Authorised Person) and Supervision of Accounts and Reports (Prescribed Body) Order 2008 (S.I. 2008/623)


1.1 The Committee draws this Order to the special attention of both Houses on the ground that it is defectively drafted in one respect.

1.2 Article 7(1) applies provisions of this Order to periodic accounts and reports relating to financial years beginning on or after 6th April 2008. Article 7(2) revokes a previous order, but does so subject to article 7(4). Article 7(4) continues the application of the previous order to periodic accounts and reports relating to financial years beginning on or after 20th January 2007, but contains no cut-off date for that continuation.

1.3 In a memorandum printed at Appendix 1 the Department for Business, Enterprise and Regulatory Reform, while explaining that the overlap in application of the two orders is unlikely to lead to practical difficulty (relevant provisions being materially identical even if article 7(4) is interpreted literally), accepts that "but before 6th April 2008" (or similar wording) should have been included in article 7(4) after "on or after 20th January 2007" and accepts that the erroneous omission should be put right either by amendment or in a future replacement order. The Committee reports article 7(4) for defective drafting, acknowledged in principle by the Department.


 
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