5 S.I.
2011/1224: Reported for defective drafting
Crime and Disorder Act 1998 (Responsible Authorities)
Order 2011 (S.I. 2011/1224)
5.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted in one respect.
5.2 Articles 2(1) and
3(1) of this Order make provision
for the carrying out of "the functions conferred by sections
6 and 7 of the Crime and Disorder Act 1998" (which relate
to tackling crime etc.) in specified local government areas as
if the areas concerned were a single local government area. Paragraph
(a) of section 5(1A) of that Act, under which the Order is made,
confers power to make provision in relation to "the functions
conferred by or under section 6 or by section 7 [of that
Act]". The words "or under" (which do not feature
in articles 2(1) and 3(1)) are an acknowledgment that, while section
6 itself makes provision for the formulation and implementation
of various strategies, that section also confers power to make
regulations to make further provision about the formulation and
implementation of the strategies. The combination of functions
conferred by section 6 but not conferred by such regulations (the
effect of a literal interpretation of the omission of the words
"or under" from articles 2(1) and 3(1)) appeared so
surprising that the Committee suspected the omission to be inadvertent.
In a memorandum printed at Appendix 5, the Home Office accepts
that the words "or under" should have been included
in Articles 2(1) and 3(1) and proposes to make an early amending
order to insert them both in this Order and in three parallel
previous orders, which it helpfully identifies. The
Committee accordingly reports articles 2(1) and 3(1) for defective
drafting, acknowledged by the Department.
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