Appendix 4 S.I. 2004/1891: memorandum
from the Department for Constitutional Affairs
Immigration and Asylum Appeals (Fast Track Procedure)
(Amendment) Rules 2004 (S.I. 2004/1891)
1. The Department for Constitutional Affairs submits
this memorandum in response to the request dated 14 September
2004 on the point set out below:
This instrument was made and laid on 20 July,
and was 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. Identify the provision which authorises
the instrument to have retrospective effect.
2. The rules were drafted and laid within less than
two hours, in urgent response to the serious disturbance at Harmondsworth
Removal Centre requiring them to have effect by 7pm. on 20 July.
The drafter's intention was that the rules should come into force
immediately after they were made, but the effect of sections 4(a)
and 23(1) of the Interpretation Act 1978 was overlooked. The Department
concedes that by virtue of those sections the rules purport to
have effect from the beginning of 20 July; and accepts that there
is no express provision which authorises this retrospective effect.
3. The Department apologises for this oversight,
and accepts that a better formula would have linked the coming
into force with a specified hour of the day.
4. The Department would also accept that the effectiveness
of the rules in relation to the purported retrospective period
may be open to question. But there are no practical consequences,
as no action was taken in reliance on the rules being in force
until 7pm. on 20 July - after the rules were made.
2004
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