ROAD TRAFFIC ACT 1991 (AMENDMENT OF SCHEDULE 3) (SCOTLAND) ORDER 1998
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