2 S.I.
2003/3363: defective drafting
Insolvency Practitioners and Insolvency Services
Account (Fees) Order 2003
(S.I. 2003/3363)
2.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted.
2.2 Paragraphs (1) and (2) of article 3 require a
person who is the holder of an authorisation on 1 April 2004 to
pay a fee in respect of the maintenance of that authorisation
within 7 days of that date. Paragraphs (4) and (5) require the
holder of an authorisation to pay a fee in respect of the maintenance
of the authorisation on each anniversary of its grant.
2.3 In a memorandum printed at Appendix 2, the Department
of Trade and Industry acknowledges that, where an authorisation
was granted on 1 April in 2003 or an earlier year, the effect
of the article as drafted is to require the holder to pay fees
in April 2004 under paragraphs (1) and (2) and also under paragraphs
(4) and (5). This was not intended. The Department undertakes
to bring forward an amending instrument at the earliest opportunity.
2.4 The Committee accordingly reports article
3 for defective drafting, acknowledged by the Department.
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