Test Committee
Delegated Legislation – Proposals for Statutory Rules
In general terms primary legislation provides the framework of the law and statutory rules – also referred to as delegated legislation, subordinate legislation and secondary legislation – contain the details. The primary legislation sets out the Assembly procedure (if any) that applies to a statutory rule.
Assembly Committees are responsible for both policy scrutiny and technical scrutiny of statutory rules. The technical scrutiny, carried out according to Standing Order 43, is normally delegated to the Examiner of Statutory Rules.
Before a statutory rule is laid in the Assembly the Department submits details of the proposal to the Committee with a copy of the draft statutory rule.
This pre-introductory scrutiny of proposals for statutory rules is an important stage of the process. It provides an opportunity for committees to consider the merits and policy implications of a proposed statutory rule and, if appropriate, seek changes to the draft legislation before it is laid in the Assembly. Once laid a committee cannot amend or adapt a statutory rule – it can only recommend that the Assembly supports or rejects the rule as a whole.
Proposals for Statutory Rules the Committee is currently considering