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Joint Committee on Statutory Instruments Twenty-Fifth Report


Memorandum by the Lord Chancellor's Department


  1. The Lord Chancellor's Department submits this memorandum in response to the request dated 30 June 1999 on the point set out below.

      Paragraph 3(1) of the Schedule imposes a duty on the transferor committees to appoint a clerk designate "as soon as reasonably practicable after the coming into force of this Order and in any event not later than the day before the first appointed day". Given that for the purpose of this provision the Order comes into force on 12 July 1999 and "the first appointed day" is defined as "12 July 1999 or such earlier day as the transferor committees shall appoint for the establishment of the transferee committee", explain how the duty to make the appointment can arise so as to make the appointment have effect prior to 12 July 1999? A corresponding question in relation to paragraph 4(3) of the Schedule.

  2. It was intended that the Order should come into force on 5 July 1999, with a first appointed day of 12 July 1999, but unfortunately the wrong date (12 July 1999) was inserted as the coming into force date. Since, however, it is now too late to amend the Order so as to come into force on 5 July 1999, and arrangements will have been made, before 12 July 1999, to appoint a clerk designate and a clerk to the selection panel, it is not proposed to amend the Order. The Department is grateful to the Committee for bringing this error to its attention.

5 July 1999

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