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I know one of the reasons its so bad is that it was done in a hurry, but I'd have thought the civil service's top legal bods would have been all over this SI. I work on legislation in the civil service (IANAL) and even with the standard legal team they are very good at helping us spot and work through loopholes.
I'm surprised its so shit. It's not the government drafting this stuff, so I'm disappointed in the civil service really.
Ha - see edit.
I'd argue, if you left knowing you would go on to the bbq (even via the butchers) you're still banged to rights, but then its mad we even have to argue about this interpretation. How did no one spot this when it was drafted?