2 S.I.
2004/221: unjustified breach of the 21-day rule
Democratic Republic of Congo (Financing and Financial
Assistance and Technical Advice, Assistance and Training) (Penalties
and Licences) Regulations 2004 (S.I. 2004/221)
2.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that there was
an unjustified breach of the 21-day rule.
2.2 These Regulations were made on 2 February 2004,
laid before Parliament on 4 February 2004, and came into force
on 6 February 2004. They therefore contravened the 21-day rule
mentioned in paragraph 5.4.13 of Statutory Instrument Practice,
which requires that instruments subject to annulment should normally
not be brought into force until 21 days after laying.
2.3 The Department of Trade and Industry, in the
memoranda printed at Appendix 2, explains that these Regulations
were required to give full effect to a Council Regulation which
was adopted on 29 September 2003 and came into force on 2 October
2003. Although the Foreign and Commonwealth Office had advised
the Department on 11 August 2003 of the need to draft the necessary
regulations, the requirement to make them was overlooked until
earlier this year. The Department apologises for this administrative
error, and has put in place arrangements with the Foreign and
Commonwealth Office to ensure that a repetition is avoided.
2.4 The Committee agrees with the Department's view
that it was necessary to bring the Regulations into force as soon
as possible, but notes that there was a delay of four months between
the adoption of the Council Regulations and the making of these
Regulations. The Committee accordingly reports these Regulations
for an unjustified breach of the 21-day rule.
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