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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