3 Independent Review of Determinations
(Hague Convention Adoptions and Miscellaneous Amendments) Regulations
2004: defective drafting
Independent Review of Determinations (Hague Convention
Adoptions and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1868)
3.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
3.2 New regulation 10(4)(c) of the principal Regulations
of 2003(as substituted by regulation 2(3)(b)) requires an adoption
agency to notify the prospective adopter that he may take certain
steps "within 28 days". It was not clear to the Committee
whether the 28 day period was intended to begin from the date
appearing on the notification, the date when the notification
was sent to, or the date when it was received by, the prospective
adopter. In a memorandum printed at Appendix 3, the Department
of Education and Skills states that that the intention is that
the 28 day period should begin on the date which appears on the
notification, but accepts that that this is not entirely clear.
It undertakes to amend the provision at the next available opportunity.
The Committee accordingly reports new regulation 10(4)(c) of
the principal Regulations for defective drafting, acknowledged
by the Department.
|