Joint Committee on Statutory Instruments Thirtieth Report

5 S.I. 2003/1940, S.I. 2003/1956, S.I. 2003/2074: defective drafting

Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1940)

Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1956)

Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003 (S.I. 2003/2074)

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

5.2 Paragraph (1) of regulation 6 of each instrument empowers an authorised officer in certain specified circumstances to serve on a person appearing to him to be the importer of the products in question a notice ordering their re-dispatch to the country of origin or their destruction. Paragraph (2) provides that in any case where such an appeal as is mentioned in paragraph (3) may be brought the notice shall state the right of appeal and the period within which an appeal may be brought. Paragraph (3) states that any person who is aggrieved by the decision of an authorised officer to serve a notice may appeal to a magistrates' court, which shall determine whether or not the notice was lawfully served.

5.3 These provisions correspond to those appearing in regulation 6 of the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1722). In its Twenty-ninth Report of this Session, the Committee reported that paragraphs (2) and (3) of regulation 6 of that instrument were defectively drafted: paragraph (2) because it contained otiose words corresponding to those italicised above, and paragraph (3) because the words corresponding to those underlined above did not adequately express the intended power of the court.

5.4 In relation to the present instrument, the Food Standards Agency in a memorandum printed in Appendix 5 confirms that the words in regulation 6(2) italicised above are unnecessary, and provides the same explanation as to the intended meaning of the underlined words in regulation 6(3) as it did in relation to S.I. 2003/1722. Consistently with its earlier Report, the Committee considers that paragraphs (2) and (3) of regulation 6 are defectively drafted. It reports accordingly.

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