S.I. 2008/1488: memorandum from the Ministry of Defence

Naval Medical Compassionate Fund (Amendment) Order 2008 (S.I. 2008/1488)

The Committee has asked the Ministry of Defence to submit a memorandum on the above mentioned Instrument dealing with the following points:

(1)  Given that this Order replaces all the provisions of the 1915 Order, why does it not simply revoke and replace that Order?

(2)  In addition—

(a)  why does the Order purport to substitute provisions for articles 3 and 10 of the 1915 Order, given that those provisions were revoked by S.I. 1991/994?

(b)  why does the explanatory note refer to articles 1 and 2 and article 5 instead of article 2(a) and (b) and article 2(e) respectively?

(1) It is correct that the Order replaces all the provisions of the 1915 Order. The reason that it was decided not to revoke the 1915 Order in its entirety was that it was felt that it would be helpful to retain the preamble to the 1915 Order.

(2)(a) The Committee is correct to point out that articles 3 and 10 of the 1915 Order have previously been revoked by S.I. 1991/994. It is accepted that it is therefore inaccurate for the Order to purport to "substitute" new articles for provision that no longer exists, following previous revocation.

(2)(b) The references to articles 1 and 2 and article 5 in the explanatory note were references to the provision made in the 1915 Order as amended, and not that made in the Order itself. It is accepted that this approach has the potential to mislead and that the references should have been to the relevant provision made in the Order itself.

The Department has noted the Committee's views and helpful comments and these will be taken into account when drafting future Orders.

Ministry of Defence

7 July 2008