Third Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees 2021 - 2022
5 October 2021 - NIA 128/17-22
Third Report of the Examiner of Statutory Rules 2021 - 2022.pdf (223.06 kb)
Committee for Communities |
Subject to the negative resolution procedure:
S.R. 2021/209: The Universal Credit (Coronavirus) (Restoration of the Minimum Income Floor) Regulations (Northern Ireland) 2021
S.R. 2021/215: The Social Security (Fines) (Deduction from Benefits) Regulations (Northern Ireland) 2021
S.R. 2021/242: The Private Tenancies (Coronavirus Modifications) (No.2) Regulations (Northern Ireland) 2021
S.R. 2021/243: The Pensions Regulator (Information Gathering Powers and Modification) Regulations (Northern Ireland) 2021
S.R. 2021/246: The Occupational Pension Schemes (Climate Change Governance and Reporting) (Miscellaneous Provisions and Amendments) Regulations (Northern Ireland) 2021
S.R. 2021/248: The Housing Benefit and Universal Credit (Sanctuary Schemes) (Amendment) Regulations (Northern Ireland) 2021
S.R. 2021/249: The Universal Credit (Childcare Costs) (Amendment) Regulations (Northern Ireland) 2021
Subject to the confirmatory resolution procedure:
S.R. 2021/244: The Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021
S.R. 2021/261: The Pensions Regulator (Employer Resources Test) Regulations (Northern Ireland) 2021
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Committee for the Economy |
Subject to the confirmatory resolution procedure:
S.R. 2021/210: The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2021
S.R. 2021/258: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No. 2) Regulations (Northern Ireland) 2021
S.R. 2021/259: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021
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Committee for Finance |
Subject to the negative resolution procedure:S.R. 2021/245: The New NAV List (Time of Valuation) Order (Northern Ireland) 2021
S.R. 2021/255: The Business Tenancies (Coronavirus) (Restriction on Forfeiture: Relevant Period) (Northern Ireland) (No. 3) Regulations 2021
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Committee for Health |
Subject to the negative resolution procedure:S.R. 2021/214: The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 3) Regulations (Northern Ireland) 2021
S.R. 2021/218 - The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2021
S.R. 2021/241: The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 6) Regulations (Northern Ireland) 2021
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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. 2021/218 - The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2021
The title of this SR has been amended by correction slip to insert into the title ‘(2021 Consolidation)’. The title now reads:
‘The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 5) Regulations (Northern Ireland) 2021’
This technical drafting issue, relating to the duplication of titles, had arisen in relation to a small number of Rules. The Department identified a solution and acted to resolve the matter. In short, in each case the title of the identified Rules (not the S.R. number) had been used before.
In each case the title of the new Rule is amended by correction slip to insert into the title ‘(2021 Consolidation)’. The Rules so amended are S.R. 2021/108, S.R. 2021/121, S.R. 2021/132, S.R. 2021/154, S.R. 2021/218.
In each case, the initial Rule is revoked.
I am content that the Department has taken appropriate steps expeditiously to resolve the issue.
Angela Kelly
Examiner of Statutory Rules
5 October 2021
Appendix:
Statutory rules subject to northern ireland assembly procedure
Subject to the confirmatory resolution procedure:
S.R. 2021/244: The Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021
S.R. 2021/258: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Relevant Period in Schedule 8) (No. 2) Regulations (Northern Ireland) 2021
S.R. 2021/259: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 11) Regulations (Northern Ireland) 2021
S.R. 2021/261: The Pensions Regulator (Employer Resources Test) Regulations (Northern Ireland) 2021
Subject to the negative resolution procedure:
S.R. 2021/209: The Universal Credit (Coronavirus) (Restoration of the Minimum Income Floor) Regulations (Northern Ireland) 2021
S.R. 2021/210: The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2021
S.R. 2021/214: The Health Protection (Coronavirus, International Travel, Operator Liability and Information to Passengers) (Amendment No. 3) Regulations (Northern Ireland) 2021
S.R. 2021/215: The Social Security (Fines) (Deduction from Benefits) Regulations (Northern Ireland) 2021
S.R. 2021/218 - The Health Protection (Coronavirus, International Travel) (Amendment No. 5) Regulations (Northern Ireland) 2021
S.R. 2021/241: The Health Protection (Coronavirus, International Travel) (2021 Consolidation) (Amendment No. 6) Regulations (Northern Ireland) 2021
S.R. 2021/242: The Private Tenancies (Coronavirus Modifications) (No.2) Regulations (Northern Ireland) 2021
S.R. 2021/243: The Pensions Regulator (Information Gathering Powers and Modification) Regulations (Northern Ireland) 2021
S.R. 2021/245: The New NAV List (Time of Valuation) Order (Northern Ireland) 2021
S.R. 2021/246: The Occupational Pension Schemes (Climate Change Governance and Reporting) (Miscellaneous Provisions and Amendments) Regulations (Northern Ireland) 2021
S.R. 2021/248: The Housing Benefit and Universal Credit (Sanctuary Schemes) (Amendment) Regulations (Northern Ireland) 2021
S.R. 2021/249: The Universal Credit (Childcare Costs) (Amendment) Regulations (Northern Ireland) 2021
S.R. 2021/255: The Business Tenancies (Coronavirus) (Restriction on Forfeiture: Relevant Period) (Northern Ireland) (No. 3) Regulations 2021
[1] Section 41(6) Interpretation Act (Northern Ireland) 1954
[2] Section 41(2) Interpretation Act (Northern Ireland) 1954