2 International Joint Investigation Teams
(International Agreement) Order 2004: failure to comply with Statutory
Instrument Practice
International Joint Investigation Teams (International
Agreement) Order 2004
(S.I. 2004/1127)
2.1 The Committee draws the special attention
of both Houses to this Order on the ground that its explanatory
note fails to comply with Statutory Instrument Practice.
2.2 Paragraph 2.13.3 of Statutory Instrument Practice
states that often the text of an instrument cannot be understood
unless it is read in conjunction with other legislation, and in
such a case the explanatory note should help the reader to understand
the instrument's effect without looking up other provisions.
2.3 This Order provides that the Convention implementing
the Schengen Agreement of 14 June 1985 is specified for the purposes
of eight specified statutory provisions. The explanatory note
to the Order paraphrases that statement, and adds that "accordingly,
international joint investigation teams may be formed under that
Convention". In a memorandum printed at Appendix 2, the Home
Office provides an explanation of the effect of the Order and
accepts that the explanatory note could have been fuller and undertakes
to amend it in the annual printed volume.
2.4 The Committee accordingly reports this Order
on the ground that the explanatory note fails to comply with Statutory
Instrument Practice, as is acknowledged by the Department.
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