Joint Committee on Statutory Instruments Thirty-First Report


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.


 
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