3 Air Carrier Liability Regulations 2004:
defective drafting
Air Carrier Liability Regulations 2004 (S.I. 2004/1418)
3.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted.
3.2 Regulation 4(1) of these Regulations, which are
made under section 2(2) of the European Communities Act 1972,
provides that a person guilty of an offence under the Regulations
shall be liable "(a) on summary conviction, to a fine not
exceeding level 5 on the standard scale, and (b) on conviction
on indictment, to a fine".
3.3 In a memorandum, printed in Appendix 3, the Department
for Transport accepts that the underlined words should have read
"the statutory maximum", which is the appropriate expression
where an offence is triable either summarily or on indictment,
and undertakes to correct the Regulations at the earliest opportunity.
3.4 The Committee accordingly reports regulation
4(1)(a) for defective drafting acknowledged by the Department.
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