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Joint Committee on Statutory Instruments Nineteenth Report


Memorandum by the Scottish Office



  1. This memorandum is submitted in response to a letter from the Clerk to the Joint Committee on Statutory Instruments dated 5 May 1999 requesting a memorandum on the following points:-

    "(1)  Article 3(a) and (b) designate countries in relation to offences corresponding to offences to which Part I of the Act applies and drug trafficking offences respectively and does so by reference to Part I and Part II of Schedule 1. Part 1 of the Schedule, however, purports to list countries in relation to drug trafficking offences and Part II purposes to list countries in relation to Part I of the Act offences. Explain this apparent mismatch between the two paragraphs of article 3 and the two Parts of the Schedule.

    (2)  In the subsection (b) of section 29 of the Act substituted by paragraph 14(e) of Schedule 3, ought not the reference to the 1998 Order to be a reference to "the 1999 Order"?".

  2. A copy of the Order that was sent down for consideration by the Privy Council at their meeting on 10 March is attached. The Committee will observe that there is no mismatch between the two paragraphs of article 3 and the two Parts of the Schedule. The printed version of the Order relates to an earlier draft of the Order which had been sent to HMSO and in which there was, as the Committee has pointed out, an error in article 3. When the mistake was corrected the disc containing the correct version was not sent to HMSO at the same time due to an administrative oversight.

  3. This meant that, although the Queen in Council approved the correct version, when the Privy Council Office requested HMSO to print the Order for the purposes of laying before Parliament, the wrong version of the Order was printed. The Department apologises for this extremely unfortunate mistake and is taking steps to ensure that this type of error should not be capable of happening again.

  4. In view of this printing error and as the correct version was approved on 10 March, the Privy Council Office will organise a reprint of the Order. The stationary office will also be asked to ensure that a free correct copy will be sent to all those who have been recorded as purchasing the original Order and it will also be re-circulated to all those on the Statutory Instruments standing Order list. The reprinting will be undertaken in the next two to three weeks.

  5. The Department agrees that the reference to the "1998 Order" ought to have been a reference to the 1999 Order and apologises for the mistake. The reference will be altered as part of the reprinting process.

  6. The terms of this Memorandum have been agreed with the Privy Council Office.

13 May 1999

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Prepared 14 June 1999