Joint Committee on Statutory Instruments Twenty-Seventh Report

Instruments reported

The Committee has considered the following instruments, and has determined that the special attention of both Houses should be drawn to them on the grounds specified.

1 S.I. 2003/1558: defective drafting

New Schools (General) (England) Regulations 2003 (S.I. 2003/1558)

1.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

1.2 In a memorandum printed at Appendix 1, the Department for Education and Skills acknowledges that the cross-references in paragraphs (3) and (7) of regulation 10 are erroneous. The Committee accordingly reports regulation 10 for defective drafting, acknowledged by the Department.

1.3 Regulation 37 permits the chair of a new school's temporary governing body to exercise certain of that body's functions where, in his opinion, a delay in exercising the function would be likely to be seriously detrimental to the interests of the school or specified persons. Regulation 37(3) defines "delay" for this purpose as delay for a period extending beyond the earliest date on which it would have been reasonably practicable for a meeting of the temporary governing body or a relevant committee to be held. The Committee reported a similar provision in the School Governance (Procedures) (England) Regulations 2003 at paragraph 3.2 of its 25th Report of this Session. As stated in the memorandum printed at Appendix 3 to that Report, the Department's intention was that the italicised words should have the same meaning as "until", which they do not. The Committee accordingly reports regulation 37(3) for defective drafting.

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