4 S.I.
2004/318: defective drafting
Trade in Controlled Goods (Embargoed Destinations)
Order 2004 (S.I. 2004/318)
4.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted.
4.2 Article 3 of this Order prohibits, subject to
the provisions of the Order, supplying or delivering, agreeing
to supply or deliver, or doing any act calculated to promote the
supply or delivery of, controlled goods to any person or place
in an embargoed destination. Article 8(1) provides that any person
who contravenes a prohibition or restriction in article 3 shall
be guilty of a summary offence. Article 8(2) provides that any
person who knowingly contravenes any such prohibition or restriction
shall be guilty of an arrestable offence triable either way. Article
8(4) provides that no person shall be guilty of an offence under
article 3 if he is able to show that he did not know, and had
no reason to suppose, that the goods were destined for an embargoed
destination.
4.3 In a memorandum printed at Appendix 4, the Department
of Trade and Industry accepts that the reference to article 3
in article 8(4) should have been a reference to article 8(1).
The Committee accordingly reports article 8(4) for defective
drafting, acknowledged by the Department.
4.4 The Department also states, however, that it
believes that the intent of the defence in article 8(4) is clear
and that it does not consider that an immediate amendment is necessary.
It undertakes to amend the Order to correct the error when the
first substantive amendment to the Order is made. The Committee
does not find this response satisfactory. Given that article
8 creates criminal offences, and is intended to provide a defence
to one of them, it considers that the error should be corrected
as soon as reasonably possible.
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