3 S.I.
2011/1465: Reported for defective drafting
Civil Courts (Amendment) Order 2011 (S.I. 2011/1465)
3.1 The Committee draws
the special attention of both Houses to this Order on the ground
that it is defectively drafted in one respect.
3.2 Article 1 of the Order provides that the Order
is to come into force on 4 different dates. The article specifies
the courts in respect of which each of the dates is to be the
commencement date. But as article 1 does not mention the county
court at Workington, no commencement is provided for articles
3, 4, 5 or 8(3)(b) or (5) or the paragraph 17 inserted by article
8(6). Nor does article 1 make any provision to cover the amendments
made by article 8(2)(h) and (o) and (3)(a), which do not relate
to any of the courts specified in article 1. In a memorandum printed
at Appendix 3, the Ministry of Justice accepts that article 1
is defective in this respect. The Ministry acted with commendable
speed to correct the defect by making an amending instrument (S.I
2011/1609) on 30 June. The Committee
accordingly reports article 1 for defective drafting, acknowledged
by the Department, and commends the Ministry for the prompt action
taken to rectify the defect.
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