1.By a letter dated 12th May 2021 the Committee asked for a memorandum on the following point—
Given that, according to paragraph 7 of the Explanatory Memorandum, this instrument merely corrects a minor error in the 2003 Order, explain whether the Department intends to comply with paragraph 3.5.22 of Statutory Instrument Practice and provide replacement copies to recipients of the 2003 Order.
2.The Department does not feel that paragraph 3.5.22 is relevant in this case because it relates to draft statutory instruments; whereas this particular Order has been made and has come into force.
3.However, in view of paragraph 7 of the Explanatory Memorandum, the Department acknowledges that the amendment was necessary to rectify a defect and that the Order should have included the appropriate headnote in accordance with the requirements of Statutory Instrument Practice.
4.Arrangements are being made, including with the National Archives, for the amending Order to be made available free of charge to all known recipients of the 2003 Order, or, as necessary, for an appropriate credit note/refund to be made available for anyone who has already purchased a copy.
5.The Department is grateful to the Committee for raising this point and apologises for not following the appropriate procedure.
18 May 2021