Instruments reported
At its meeting on 2 July 2008 the Committee scrutinised
a number of Instruments in accordance with Standing Orders. It
was agreed that the special attention of both Houses should be
drawn to one of those considered. The Instrument and the ground
for reporting it are given below. The relevant Departmental memorandum
is published as an appendix to this report.
1
S.I. 2008/1405: reported for defective
drafting
Technology Strategy Board (Transfer of Property
etc.) Order 2008 (S.I.2008/1405)
1.1 The Committee draws to special attention
of both Houses to this Order on the ground that it is defectively
drafted in two related respects.
1.2 The Order contains a single operative provision,
article 2, which reads as follows:
2. There are transferred to the Technology
Strategy Board all property, rights, liabilities and obligations
held, acquired or incurred by the Secretary of State on or before
7th June 2008—
(a) arising under or in relation to the grants
awarded by the Secretary of State under section 5(1) of the Science
and Technology Act 1965 which are specified in the Schedule; and
(b) otherwise arising in connection with the
award or administration of any of the grants referred to in paragraph
(a),
whether imposed by or under any statutory provision,
in relation to any civil proceedings, or otherwise."
1.3 In a memorandum printed at the Appendix,
the Department for Business, Enterprise and Regulatory Reform
states that the words which follow paragraph (a) were intended
to ensure that what is transferred extends to property, rights,
liabilities and obligations that are not normally transferable.
For example, not just contractual rights in relation to the offer
letters specified in the Schedule but also full legal responsibility
for the administrative handling of such grants.
1.4 In the Committee's view, that statement does
not demonstrate how either the words "otherwise arising in
connection with the award or administration of any of the grants"
in paragraph (b) or the words following paragraph (b) can add
anything to "all property, rights, liabilities and
obligations arising under or in relation to the grants".
It therefore appears that paragraph (b) and the words following
it are superfluous and ought not to have been included.
1.5 The Department acknowledges that it was at
the least inelegant to have described property and rights as having
been "imposed". Had the apparently superfluous words
not been included, this point would not have arisen.
1.6 The Committee accordingly reports article
2 for defective drafting, acknowledged in part by the Department.
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