Appendix 1 S.I. 2004/1731: memorandum
from the Privy Council Office and the Department of Health
Medical Act 1983 (Amendment) Order 2002 (Saving
Provision) Order of Council 2004 (S.I. 2004/1731)
1. This is the Memorandum requested by the Committee
at its meeting on 14th September. The Committee asked for the
following points to be addressed:
This Order appears to have been made and laid
on 7 July, and is expressed to come into force on the same day.
In the absence of anything to indicate the contrary, it therefore
purports to have retrospective effect by virtue of sections 4(a)
and 23(1) of the Interpretation Act 1978 and, in any event, came
into force before it was laid before Parliament.
(1) Identify the provision which authorises the
Order to have retrospective effect.
(2) Was notification given to the Lord Chancellor
and the Speaker of the House of Commons, as required by the proviso
to section 4(1) of the Statutory Instruments Act 1946, and if
not, why not?
(3) Given that the Order is subject to annulment,
explain the reason for the breach of the 21 day rule and why no
memorandum in this respect was supplied to the Committee"
2. An answer to the Committee's first two points
can be readily made: inquiries have shown that the Order was approved
by the Privy Council on either 5th or 6th July 2004. It is not
clear why a date of 7th July was mis-recorded on the copy of the
Order that was sent to the printers and on the printed Order.
The PCO official who handled the printing and distribution of
this Order has left the employ of PCO, moved from the United Kingdom
and is not readily contactable. The issue of retrospection does
not, however, now arise and the Privy Council Office is extremely
sorry to have put the Committee to the trouble of raising it.
A correction slip will be issued, changing the date of making
to 6th July 2004 - the later of the two possible dates of making.
No notification was given to the Lord Chancellor or the Speaker
of the House of Commons. This was an oversight for which both
Departments apologise.
3. As to the Committee's third point, the breach
of the 21 day rule is regretted but the reason for it is given
in the Explanatory Memorandum which says:
"Matter of special interest to the Joint Committee
on Statutory Instruments
The Order breaches the 21 day rule. The Order needs
to come into force on 7th July 2004 to prevent the existing fitness
to practise rules of the General Medical Council from falling.
The need for a saving was identified late. Having understood the
necessity of such a saving, the Privy Council has proceeded as
quickly as possible to make the Order."
24th September 2004
| 
