9 S.I.
2012/960: Reported for defective drafting
Licensing Act 2003 (Permitted Temporary Activities)
(Notices) (Amendment) Regulations 2012 (S.I. 2012/960)
9.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
9.2 The Regulations amend the Licensing Act 2003
(Permitted Temporary Activities) (Notices) Regulations 2005 (S.I. 2005/2918)
by, among other things, prescribing revised versions of two existing
forms. One of these, set out in Schedule 1 to the Regulations,
is the form of the Temporary Event Notice. Note 14 to the revised
version of that form states, in the last paragraph, "These
provisions will be subject to amendment by the Civil Partnerships
Act. These amendments are due to take effect from 5th
December 2005."
9.3 The Committee asked the Home Office to explain
why Note 14 included this material which appears to be several
years out of date. In a memorandum printed at Appendix 9, the
Department agrees that this was an error. The Department states
that amendments of the "provisions" to which the Note
refers (contained in section 101(3) of the Licensing Act 2003)
were in fact made by the Civil Partnership Act 2004 and came into
force on 5 December 2005. The Department expresses its regrets
for the oversight and states that it intends to make regulations
to prescribe a corrected version of the form to come into force
no later than 1 October 2012.
9.4 The Committee accordingly reports Schedule
1 for defective drafting, acknowledged by the Department.
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