3 S.I.
2003/2604: defective drafting
Council Tax and Non-Domestic Rating (Electronic
Communications) (England) Order 2003 (S.I. 2003/2604)
3.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted.
3.2 Articles 5 to 7 of this Order amend the Non-Domestic
Rating (Collection and Enforcement) (Local Lists) Regulations
1989. Article 6(b) inserts a definition of the "demand notice
regulations", which are defined as meaning the Council Tax
and Non-Domestic Rating (Demand Notices) (England) Regulations
1993.
3.3 On the day that this Order was made, the Secretary
of State also made the Council Tax and Non-Domestic Rating (Demand
Notices) (England) Regulations 2003, which apply in relation to
demand notices served in relation to financial years beginning
on or after 1 April 2004. By virtue of regulation 2 of those Regulations,
the 1993 Regulations referred to in article 6(b) of this Order
do not have effect in relation to any such notice. The amendments
to the 1989 Regulations made by this Order do not therefore apply
in relation to notices served in relation to the forthcoming,
or subsequent, financial years.
3.4 In a memorandum printed at Appendix 3, the Office
of the Deputy Prime Minister accepts that a reference to the 2003
Regulations ought to have been included in the definition, and
undertakes to amend the 1989 Regulations before the end of the
year. The Committee accordingly reports article 6(b) for defective
drafting, acknowledged by the Department.
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