1.By letter dated 17th November 2017, the Joint Committee on Statutory Instruments has requested a Memorandum on the following point:
Explain the inclusion of a reference to the statutory maximum in articles 12(2), 14(2) and 15(2), in the light of the provision made by section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
2.The Department acknowledges that this is a drafting error and that the three articles referred to in the Committee’s letter should have omitted the words “not exceeding the statutory maximum”.
3.The instrument was made under section 14 of the Harbours Act 1964, on the application of Folkestone Harbour Limited. The power to make orders under section 14 has been delegated to the Marine Management Organisation under the Harbours Act (Delegation of Functions) Order 2010 (S.I.2010/674); section 42(4)(b) of the Harbours Act 1964 provides that the power is no longer exercisable by the Department while the delegation is in force.
4.The Department regrets the error and will consider urgently with the Marine Management Organisation how it can be corrected.
Department for Transport
21 November 2017
30 November 2017