Drawing special attention to two Statutory Instruments - Statutory Instruments Joint Committee Contents


1 S.I. 2011/2491: Reported for defective drafting


Airport Charges Regulations 2011 (S.I. 2011/2491)


1.1 The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted in one respect.

1.2 The Regulations implement Directive 2009/12/EC of the European Parliament and of the Council of the European Union of 11th March 2009 on airport charges.

1.3 Regulation 33 makes general provision about service of documents under the Regulations by the Civil Aviation Authority. Regulation 33(1)(b) allows documents to be "served or given ... by leaving it at the operator's proper address", but it is not clear to what "the operator" refers in this context. The Committee asked the Department for Transport to explain the reference.

1.4 In a memorandum printed at Appendix 1, the Department acknowledges that "Regulation 33(1)(b) should have said 'by leaving it at that person's proper address'" and undertakes to revise the instrument at the next opportunity.

1.5 The Committee accordingly reports regulation 33 for defective drafting, acknowledged by the Department.



 
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Prepared 13 December 2011