2003/1729: defective drafting
Disease Control (England) Order 2003 (S.I. 2003/1729)
4.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
4.2 Article 2 defines the expression "veterinary
surgeon", but that expression does not appear anywhere else
in the Order. In a memorandum printed at Appendix 4, the Department
for Environment, Food and Rural Affairs acknowledges that the
definition should not have been included.
4.3 The Order provides for the grant of general licences
and specific licences. Article 14 is headed "Specific licences",
and paragraphs (1), (2) and (4) of that article refer expressly
to specific licences. Paragraph (3), however, imposes requirements
in respect of every animal which is moved under the authority
of a licence under this Order. It is therefore unclear
whether it is intended to apply to both types of licence or only
to specific licences. The Department explains that article 14(3)
is intended to apply only where an animal is moved under the authority
of a specific licence, and acknowledges that this should have
been expressly stated.
4.4 Article 20(1) refers to the requirements of the
Transport of Animals (Cleansing and Disinfection) (England) Order
2003, which was revoked in June. The Department acknowledges that
the reference should have been to the Transport of Animals (Cleansing
and Disinfection) (England) (No. 3) Order 2003.
4.5 The Department undertakes to correct these errors
when it next amends the instrument.
4.6 The Committee accordingly reports articles
2, 14(3) and 20(1) for defective drafting, acknowledged by the