4 Electronic Commerce (EC Directive) (Extension)
Regulations 2004: unnecessarily obscure drafting
Electronic Commerce (EC Directive) (Extension)
Regulations 2004 (S.I. 2004/1178)
4.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that their drafting
is unnecessarily obscure.
4.2 In its First Report of Session 2002-03, the Committee
reported regulation 3(2) of the Electronic Commerce (EC Directive)
Regulations 2002 for defective drafting, acknowledged by the Department
of Trade and Industry. Regulation 3(2) provided that the Regulations
shall not apply "in relation to any Act passed on or after
the date these Regulations are made or in exercise of a power
to legislate after that date". In a memorandum dated 4 November
2002 printed at Appendix 4 to that Report, the Department explained
that the policy was that the Regulations should not have effect
on future legislation, and proposed that the words "relation
to the" be inserted before "exercise" in amending
regulations to be brought forward as soon as possible.
4.3 In paragraph 18 of that Report, the Committee
expressed its view that regulation 3(2) (apart from the omission
of relevant words) was drafted in an unnecessarily obscure way,
and suggested that the amendment should simplify the wording by
referring to subordinate legislation made after the date of the
Regulations.
4.4 Regulation 3 of this instrument substitutes a
new regulation 3(2) in the form suggested by the Department in
its memorandum of 4 November 2002, despite the views expressed
by the Committee. In a memorandum printed at Appendix 4, the Department
accepts that the Committee's suggested phrasing is less opaque,
but states that the purpose of the amendment was to correct a
grammatical error rather than to introduce a substantive change.
4.5 The Committee does not consider that an amendment
in the form it suggested would amount to a substantive change,
as it would merely clarify the intended meaning of regulation
3(2). It does not consider, however, that a further amendment
would be worthwhile. The Committee nevertheless reports regulation
3 for being drafted in an unnecessarily obscure way.
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