3 Freedom of Information (Additional Public
Authorities) (Amendment) Order 2004: failure to comply with Statutory
Instrument Practice and being of doubtful legal effect
Freedom of Information (Additional Public Authorities)
(Amendment) Order 2004(S.I. 2004/1870)
3.1 The Committee draws the special attention
of both Houses to this Order on the grounds that it fails to comply
with Statutory Instrument Practice and is of doubtful legal
effect.
3.2 This Order is intended to correct an error in
the Freedom of Information (Additional Public Authorities) Order
2004 ("the first Order"). In a memorandum printed at
Appendix 3, the Department for Constitutional Affairs acknowledges
that the Order should have been made available free of charge
to purchasers of the earlier Order, and should have borne an italic
headnote to that effect, as required by paragraphs 3.4.11 and
3.4.12 of Statutory Instrument Practice. The Department
is making appropriate arrangements to rectify this.
3.3 The first Order was made in exercise of a power
to amend Schedule 1 to the Freedom of Information Act 2000 by
adding a reference to a public body, and article 2 inserted a
reference to local sea fisheries committees in Part 2 of that
Schedule "at the appropriate place". This Order purports
to amend that amendment by substituting a numbered paragraph for
"the appropriate place". It seems to the Committee doubtful
whether it can have that effect. The first Order came into force
on 19 April 2004, on which date the amendment to the Act took
effect. As this Order was not made until 13 July, and came into
force on 10 August, it seeks to amend an Order which is already
spent. The amendment to the first Order does not therefore affect
the latter's amendment of the Act, and appears to serve no purpose.
3.4 The Committee accordingly reports this Order
for a failure to comply with Statutory Instrument Practice
and as being of doubtful legal effect.
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