Joint Committee on Statutory Instruments Third Report


Memorandum by the Home Office


  1. This memorandum is submitted in response to a letter of 6 June from the Clerk of the Committee to the Lord Chancellor's Department. The memorandum has been prepared by the Home Office as the Department responsible for drafting the above instrument.

  2. The Committee has requested a memorandum in respect of the above instrument on the following points:

    (1)   In rule 6(2)(a), ought not the reference to "(4)" to have read "(5)"?

    (2)   Explain why the appropriate officer's notice referred to in rule 6(4) is not required to inform the recipient of the requirement (referred to in rule 6(5)) than an application must be in writing and made not less than 24 hours before the time set for the adjourned hearing, and that if he makes an application the court will before making the order hear any representations made by him (compare rule 6(2)(a)).

  3. So far as the first point is concerned, it is accepted that the reference to "(4)" should have read "(5)". This error occurred during the drafting of the rules. The provision which is now in rule 6(2) was originally part of rule 6(1) and when the two provisions were separated (in the interest of greater clarity) a consequential change in the cross-reference to paragraph (4) in what became rule 6(2)(a) (instead of 6(1)(a)) was unfortunately not made when paragraph (4) was re-numbered (5). The error is regretted and steps will be taken to amend rule 6(2)(a) at the next available opportunity.

  4. As to the second point, it is accepted, on reflection, that it would have been desirable for the notice given by the appropriate officer under rule 6(4) to have informed the person notified than any application to be heard under section 18(6) should be made in writing not less than 24 hours before the adjourned hearing, and that if such an application is made the court will hear representations made by him before making an order under section 18(4) or (7). Consideration will be given to making a suitable amendment in due course.

12th June 1997

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