Appendix 5
S.I. 2011/1224: memorandum from the Home Office
Crime and Disorder Act 1998 (Responsible Authorities)
Order 2011 (S.I. 2011/1224)
1. This memorandum is submitted
in response to a question from the Joint Committee on Statutory
Instruments to the Home Office contained in a letter to the department
dated 15th June 2011. The Committee asked:
Why do articles 2(1) and 3(1) not refer to functions
conferred "by or under" (as opposed to just "by")
section 6 of the Crime and Disorder Act 1998, given the terms
of the power conferred by section 5(1A)(a) of that Act?
2. The department is grateful to
the Committee for bringing to its attention the drafting in the
Crime and Disorder Act 1998 (Responsible Authorities) Order 2011
(S.I. 2011/1224). We accept that given the amendment of section
5(1A)(a), which came into force in relation to England on 1st
August 2007 and in relation to Wales on 19th November 2007, the
drafting suggested by the Committee is correct. We will make an
amending order at the earliest convenience. For information, please
note that the department will be amending the following statutory
instruments which also referred to functions conferred just "by"
section 6: the Crime and Disorder Act 1998 (Responsible Authorities)
Order 2008 (S.I. 2008/2163), the Crime and Disorder Act 1998
(Responsible Authorities) Order 2009 (S.I. 2009/1033) and
the Crime and Disorder Act 1998 (Responsible Authorities) Order
2010 (S.I. 2010/970).
Home Office
20th June 2011
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