1 Medical Act 1983 (Amendment)
Order 2002 (Saving Provision) Order of Council 2004: unjustifiable
delay in notifying the Lord Chancellor and the Speaker that it
came into force before it was laid.
Medical Act 1983 (Amendment) Order 2002 (Saving
Provision) Order of Council 2004(S.I. 2004/1731)
1.1 The Committee draws the special attention
of both Houses to this Order on the ground that there has been
an unjustifiable delay in notifying the Lord Chancellor and the
Speaker of the House of Commons that it came into force before
it was laid.
1.2 This Order was laid before Parliament on 7 July
2004, and was expressed to come into force on the same date. By
virtue of sections 4(a) and 23(1) of the Interpretation Act 1978,
in the absence of anything to indicate the contrary, it came into
force at the beginning of that day. Section 4(1) of the Statutory
Instruments Act 1946 provides that a statutory instrument which
is required to be laid before Parliament after being made shall
be laid before it comes into force provided that, if it is essential
that an instrument should come into force before being laid, the
Lord Chancellor and the Speaker of the House of Commons must be
notified forthwith of that fact and of the reason why it was not
laid before coming into force. In a memorandum printed at Appendix
1, the Privy Council Office and the Department of Health state
that no such notification was given, this being an oversight for
which both departments apologise. The memorandum does not say
whether notification has now been given. If it has not been,
the Committee expects it to be given without further delay.
1.3 The Committee accordingly reports this Order
for an unjustifiable delay in notifying the Lord Chancellor and
the Speaker that it came into force before it was laid.
