4 S.I.
2011/1209: Reported for defective drafting
Electronic Communications (Universal Service)
(Amendment) Order 2011 (S.I. 2011/1209)
4.1 The
Committee draws the special attention of both Houses to this Order
on the ground that it is defectively drafted in one respect.
4.2 This Order
implements a Directive about privacy in relation to electronic
communications. The Order operates by textual amendment of an
Order made in 2003. Article 3(b)(iii) inserts text after "national"
in a provision of the 2003 Order, which contains two occurrences
of that word. The Committee asked the Department for Culture,
Media and Sport to explain which occurrence was intended to be
affected. In a memorandum printed at Appendix 4, the Department
explains that the intention was to operate on the first occurrence.
The Department goes on to say "Although this may constitute
a drafting error, the Department believes that the error has no
material impact." The Committee believes that the intention
of the amending instrument was obscured by the error, but accepts
that the expressed intention of the Department coincides with
the more likely reading of the instrument on its face. As the
Committee does not consider the choice sufficiently obvious for
a correction slip, it invites the Department to put the issue
wholly beyond doubt next time it has occasion to amend the 2003
Order. The Committee accordingly reports
regulation 6(1) for defective drafting, acknowledged by the Department.
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