4 Immigration and Asylum Appeals (Fast
Track Procedure) (Amendment) Rules 2004: defective drafting
Immigration and Asylum Appeals (Fast Track Procedure)
(Amendment) Rules 2004(S.I. 2004/1891)
4.1 The Committee draws the special attention
of both Houses to these Rules on the ground that they are defectively
drafted.
4.2 These Rules were made at 6.55pm on 20 July 2004,
and were expressed to come into force on that day. By virtue of
sections 4(a) and 23(1) of the Interpretation Act 1978, in the
absence of anything to indicate the contrary, the Rules came into
force at the beginning of that day. In a memorandum printed at
Appendix 4, the Department for Constitutional Affairs explains
that the intention had been that the Rules should come into force
immediately after they were made, and that they were not intended
to be given retrospective effect. The Department suggests that
this could have been achieved by linking the commencement provision
to a specified hour of the day. The Committee considers, however,
that where an instrument is to come into force when it is made
a commencement clause should not be included and reminds departments
of the guidance to this effect in paragraph 2.5.5 of Statutory
Instrument Practice. The Committee accordingly reports
these Rules for defective drafting, acknowledged by the Department.
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