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.
|