Report of the Examiner of Statutory Rules to the Assembly and the Appropriate CommitteesNineteenth Report of Session 2021 - 2022

Nineteenth Report of the Examiner of Statutory Rules 2021 - 2022.pdf (203.37 kb)

Committee for Communities

Subject to the negative resolution procedure:

 

S.R. 2021/269: The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021

 

Committee for the Economy

Subject to the negative resolution procedure:

 

S.R. 2021/202: The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2021

 

Committee for Finance

Subject to the affirmative resolution procedure:

 

S.R. 2022/77: The Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2022

 

Subject to the negative resolution procedure:

 

S.R. 2021/299: The General Register Office (Fees) Amendment Order (Northern Ireland) 2021

 

Committee for Infrastructure

Subject to the negative resolution procedure:

 

S.R. 2022/66: The Vennel, Bangor (Abandonment) Order (Northern Ireland) 2022

 

 

1. Remit of the Examiner of Statutory Rules

1.1    Assembly Standing Order 43 provides that every statutory rule or draft statutory rule which is laid before the Assembly and is subject to Assembly proceedings shall stand referred to the appropriate Committee of the Assembly for scrutiny. The appropriate Committee may also scrutinise any statutory rule which deals with a transferred matter, within the meaning of the Northern Ireland Act 1998, which is not subject to Assembly proceedings. The Standing Orders of the Assembly are published on the Northern Ireland Assembly website.

1.2    To assist Committees of the Assembly in the scrutiny of such statutory rules under Standing Order 43, the Examiner of Statutory Rules (the Examiner) shall carry out those functions delegated to the Examiner in relation to technical scrutiny.

1.3    The terms of reference of the Examiner, under delegation from the appropriate Committee, are as set out in Standing Order 43(6) as follows:

“In scrutinising an instrument the appropriate committee shall among other things consider the instrument with a view to determining and reporting on whether it requires to be drawn to the special attention of the Assembly on any of the following grounds, namely, that –

(a)            it imposes a charge on the public revenues or prescribes the amount of any such charge;

(b)            it contains provisions requiring any payment to be made to any Northern Ireland department or public body in respect of any approval, authorisation, licence or consent or of any service provided or to be provided by that department or body or prescribes the amount of any such payment;

(c)            the parent legislation excludes it from challenge in the courts;

(d)            it purports to have retrospective effect where the parent legislation confers no express authority so to provide;

(e)            there appears to have been unjustifiable delay in the publication of it or in the laying of it before the Assembly;

(f)             there appears to be a doubt whether it is intra vires or it appears to make some unusual or unexpected use of the powers conferred by the parent legislation;

(g)            it calls for elucidation;

(h)            it appears to have defects in its drafting;

or on any other ground which does not impinge on its merits or the policy behind it.”

1.4       Standing Order 43(7) provides that the Examiner shall, where practicable, report on a statutory rule or draft statutory rule before any resolution or motion relating to that statutory rule or draft statutory rule is moved in the Assembly.

2. Assembly procedure in relation to statutory rules

Statutory rules which are laid before the Assembly may be subject to one of the following Assembly procedures. The procedure to which any statutory rule is subject will be set out in the parent legislation.

Rules Subject to Negative Resolution

A statutory rule that is subject to the negative resolution procedure is made by the rule making body, often a Department, and laid before the Assembly. It has effect when its ‘comes into force’ date is reached.

It can be annulled by resolution of the Assembly within the ‘statutory period’.[1] It is then void from the date of that annulment.

The statutory period is set out in the Interpretation Act (Northern Ireland) 1954. It is 30 calendar days or ten days on which the Assembly has sat after the date on which the statutory rule was laid before the Assembly, whichever is the longer.[2]

Rules Subject to Confirmatory Resolution

A statutory rule which is subject to confirmatory procedure is made by the rule making body, often a Department, and laid before the Assembly.

It ceases to have effect within a specified period provided for in the parent legislation unless approved by a resolution of the Assembly within that time.

Rules Subject to Affirmative Resolution

A statutory rule which is subject to the affirmative resolution procedure is made by the rule making body, often a Department, and laid before the Assembly.

It shall not come into operation unless and until affirmed by a resolution the Assembly.

Rules Subject to Draft Affirmative Resolution

A statutory rule which is subject to the draft affirmative procedure is laid in draft before the Assembly by the rule making body, often a Department. It may not be made unless and until affirmed by a resolution the Assembly.

3. Statutory rules to which attention is drawn in this report

3.1       Drafting

S.R. 2021/299: The General Register Office (Fees) Amendment Order (Northern Ireland) 2021

The General Register Office (Fees) Amendment Order (Northern Ireland) 2021 (the Order) is drawn to the special attention of the Assembly in relation        to a defect in its drafting. The power under which the Order has been made is            incorrectly cited. The power of the Department to make the Order is under regulation 17(1) of the Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020. The Department has confirmed that it will amend the Order to correct this error at the earliest opportunity. I am satisfied with the Department’s assurances and approach in this instance.

S.R. 2022/77: The Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2022

The Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2022 (the Order) is drawn to the special attention of the Assembly in relation to a defect in its drafting. In the introductory text to the Order, the name of the Department is mis-stated as ‘The Department of Finance and Personnel’ instead of ‘The Department of Finance’. The Department has confirmed that it will amend this error by correction slip at the earliest opportunity. I am satisfied with the Department’s assurances and approach in this instance.

Angela Kelly                                                             

Examiner of Statutory Rules

11 March 2022
Appendix:

statutory rules subject to northern ireland assembly procedure

Subject to the affirmative resolution procedure:

S.R. 2022/77: The Rates (Temporary Rebate) (Amendment) Order (Northern Ireland) 2022

Subject to the negative resolution procedure:

S.R. 2021/202: The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2021

S.R. 2021/269: The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021

S.R. 2021/299: The General Register Office (Fees) Amendment Order (Northern Ireland) 2021

S.R. 2022/66: The Vennel, Bangor (Abandonment) Order (Northern Ireland) 2022

Published by the Northern Ireland Assembly under the Open Northern

Ireland Assembly Licence (http://data.niassembly.gov.uk/licence.aspx)

This information contained in this document is available online www.niassembly.gov.uk

For more information please contact:

Northern Ireland Assembly Parliament Buildings Ballymiscaw

Stormont

Belfast BT4 3XX

Telephone: 028 90 521137

Textphone: 028 90 521209

E-mail: info@niassembly.gov.uk                                                                            ISBN: 978-1-78619-481-7 

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