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Select Committee on Statutory Instruments Eleventh Report


2 S.I. 2008/117: reported for defective drafting

Magistrates' Courts Fees (Amendment) Order 2008 (S.I. 2008/117)

2.1 The Committee draws the special attention of both Houses to this Order on the ground that it is defectively drafted in two similar respects.

2.2 Article 2 substitutes a new paragraph 2(1) in Schedule 2 to the Magistrates' Courts Fees Order 2005. New paragraph 2(1)(a) uses the expressions "LSC" and "the Funding Code". There is no definition of those expressions in the 2005 Order or the enabling Act. In a memorandum printed at Appendix 2 the Ministry of Justice explains the intended meaning of the expressions and states that definitions of them were omitted in error; they will be included in the consolidated instrument currently being drafted by the Department. The Committee accordingly reports article 2 for defective drafting in these two respects, as acknowledged by the Department.



 
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