Joint Committee on Statutory Instruments Thirty-Fifth Report


Memorandum from the Home Office


1. The Committee has requested a memorandum on the following point:-

Explain the reason for the breach of the 21 day rule in the case of this instrument, and why no memorandum explaining the breach was supplied to the Committee as required by paragraph 5.22 of Statutory Instrument Practice

2. It is very much regretted that a memorandum was not submitted on the point, to recall the correspondence which took place early in February between Home Office Legal Advisers Branch and the Legal Services Office.

3. At that time it had become apparent that the timetable for processing the Commission for Racial Equality's Code of Practice under section 71C of the Race Relations Act 1976 (as amended by the Race Relations (Amendment) Act 2000) had become very tight, in view of the fact that they wanted to bring it into force on 31st May 2002, the date by which public authorities had to have in place their arrangements for carrying out their duties under the Race Relations Act 1976 (Statutory Duties) Order 2001.

4. Given that the draft code would itself have been lying before Parliament for forty days, by virtue of section 71C(5) and (6), and given that it was likely to be the draft code itself which would be of primary interest to Parliament and the Committee, it was felt that in these particular circumstances it would be acceptable for the Order commencing the code to come into force within the 21 day period so that the code itself could be brought into force on 31st May.

5. Again we can only apologise for not submitting a memorandum setting this out for the benefit of the Committee.

1 July 2002

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