5 S.I.
2009/2575: Reported for defective drafting
Identity Cards Act 2006 (Provision of Information
with Consent) Regulations 2009 (S.I. 2009/2575)
5.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in two respects.
5.2 Regulation 1(2) contains a definition of "airside
pass" which refers to a "restricted zone", but
the latter expression is not defined. In a memorandum printed
at Appendix 5, the Home Office acknowledges that a definition
should have been included.
5.3 The definition of "Passport validation service"
in regulation 1(2) refers to an organisation that has entered
into an agreement with the Identity and Passport Service, and
regulation 4(1) refers to a person accredited by the Identity
and Passport Service. The Department states that the Regulations
should have included a definition of the Identity and Passport
Service (it is defined in other instruments as the Secretary of
State acting through the Identity and Passport Service).
5.4 In its memorandum the Department undertakes to
deal with the errors (and make one further small change that it
considers desirable) in amending regulations to be laid in the
immediate future. The Committee accordingly reports these Regulations
for defective drafting consisting of the omission of these two
definitions, acknowledged by the Department.
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