Joint Committee on Statutory Instruments Forty-Eighth Report


  8. The Committee draws the special attention of both Houses to this Order on the ground of unjustifiable legislation by reference.

  This Order makes amendments to Schedule 3 of the 1991 Act as it applies to Scotland, but it does not set out the amendments in the Order: instead it effects them by reference to an existing Order which made amendments for England and Wales (S.I. 1996/500). The Committee asked the Scottish Office why the amendments were not set out in the Order. They reply in the memorandum printed in Appendix VII that the amendments made by this Order for Scotland are the same (with one exception) as those made for England and Wales by the 1996 Order. They decided to make the amendments for Scotland by reference to the existing Order because it lets the reader see at once the similarity in the provisions which are to apply in the two jurisdictions. The Committee agrees that this is the neatest drafting solution to the problem, but weighs against this the inconvenience to the reader of having to look at this Order and the 1996 Order (and the 1991 Act and the Road Traffic Regulation Act 1984) to determine the effect of the amendments made by this Order: the approach taken by the Department is less helpful to the reader affected by the legislation than setting out the amendments in full. The Committee reports on the ground of unjustifiable legislation by reference.

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