2 S.I.
2003/3177: defective drafting
Products of Animal Origin (Third Country Imports)
(England) Regulations 2003 (S.I. 2003/3177)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted.
2.2 Regulation 62 provides that any person who contravenes
a provision of these Regulations, or fails to comply with a notice
served upon him under them, shall be guilty of an offence. Regulations
28 and 55 require certain persons in certain circumstances to
pay, on demand, certain costs and charges. In a memorandum printed
at Appendix 2, the Department for Environment, Food and Rural
Affairs confirms that contravention of regulation 28 or 55 is
not intended to be an offence, and the Committee accordingly
reports regulation 62 for defective drafting, acknowledged by
the Department.
2.3 The Department undertakes to amend the provisions
in regulations 28 and 55 when it next amends this instrument in
order to keep it up to date with Community law. The Committee
doubts whether the amendment of regulations 28 and 55, rather
than regulation 62, would address the point satisfactorily, but
it considers in any event that the Department ought not to wait
unduly before making an appropriate amendment. As regulation 62
creates unintended criminal offences the necessary amendment ought
to be made promptly.
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