First Report of the Examiner of Statutory Rules to the Assembly and the Appropriate Committees 2023 - 2024

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16 February 2024

1. Statutory Rules before Committees

1.1 Committee for Agriculture, Environment and Rural Affairs

1.2 Committee for Communities

1.3 Committee for the Economy

1.4 Committee for Education

1.5 Committee for the Executive Office

1.6 Committee for Finance

1.7 Committee for Health

1.8 Committee for Infrastructure

1.9 Committee for Justice

2. Remit of the Examiner of Statutory Rules

3. Assembly procedures in relation to Statutory Rules

3.1 The Negative Resolution Procedure

3.2 The Confirmatory Resolution Procedure

3.3 The Affirmative Resolution Procedure

3.4 The Draft Affirmative Resolution Procedure

4. Statutory Rules to which attention is drawn in this report

4.1 Breach of the 21 day rule

4.2 Drafting matters

4.3 Successive Statutory Rules subject to the confirmatory resolution procedure

4.4 Statutory Rules related to Covid-19

4.5 Other matters

Appendix

Reported Statutory Rules by Procedure

Subject to the draft affirmative resolution procedure

Subject to the confirmatory resolution procedure

Subject to the negative resolution procedure

1. Statutory Rules before Committees

1.1 Committee for Agriculture, Environment and Rural Affairs

Subject to the negative resolution procedure

S.R. 2022/127: The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/193: The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/199: The Agriculture (Student fees) Regulations (Northern Ireland) 2022

S.R. 2022/200: The Equine Identification (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/240: The Direct Payments to Farmers (Cross-Compliance) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/272: The Scallop Enhancement Sites (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2022

S.R. 2022/275: The Sulphur Content of Solid Fuel (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/286: The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/288: The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/292: The Marine Protected Areas (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2022

S.R. 2022/302: The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2023/005: The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/006: The Packaging Waste (Data Reporting) Regulations (Northern Ireland) 2023

S.R. 2023/025: The Packaging Waste (Data Reporting) (No.2) Regulations (Northern Ireland) 2023

S.R. 2023/098: The Agriculture (Student Fees) Regulations (Northern Ireland) 2023

S.R. 2023/106: The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/135: The Marine Protected Areas (Prohibited Methods of Fishing) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/163: The Aquatic Animal Health (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/179: The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/210: The Direct Payments to Farmers (Cross-Compliance) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/211: The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/212: The Beef Carbon Reduction Scheme Regulations (Northern Ireland) 2023

S.R. 2023/219: The Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations (Northern Ireland) 2023

1.2 Committee for Communities

Subject to the confirmatory resolution procedure

S.R. 2022/108: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) Order (Northern Ireland) 2022

S.R. 2022/143: The Social Security Benefits Up-rating Order (Northern Ireland) 2022

S.R. 2022/144: The Social Security Benefits Up-rating Regulations (Northern Ireland) 2022

S.R. 2022/191: The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2022

S.R. 2022/205: The Coronavirus Act 2020 (Extension of Provisions Relating to Statutory Sick Pay) (No. 2) Order (Northern Ireland) 2022

S.R. 2022/214: The Coronavirus Act 2020 (Extension of Modifications of Requirements Regarding Medical Certificates for Cremations) (No. 2) Order (Northern Ireland) 2022

S.R. 2022/216: The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/226: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) (No 2) Order (Northern Ireland) 2022

S.R. 2022/228: The Coronavirus Act 2020 (Extension of Modifications of Requirements Regarding Medical Certificates for Cremations) (No. 3) Order (Northern Ireland) 2022

S.R. 2022/229: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/231: The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022

S.R. 2022/232: The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/234: The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/296: The Pensions Dashboards Regulations (Northern Ireland) 2022

S.R. 2023/007: The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2023

S.R. 2023/027: The Social Security (2022 Benefits Up-rating) Order (Northern Ireland) 2023

S.R. 2023/028: The Mesothelioma Lump Sum Payments (2022 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/030: The Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023

S.R. 2023/042: The Benefit Cap (Annual Limit) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/043: The Social Security Benefits Up-rating Order (Northern Ireland) 2023

S.R. 2023/044: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/045: The Social Security Benefits Up-rating Regulations (Northern Ireland) 2023

S.R. 2023/048: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) Order (Northern Ireland) 2023

S.R. 2023/051: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) (No. 2) Order (Northern Ireland) 2023

S.R. 2023/052: The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/059: The Occupational Pension Schemes (Master Trusts) Regulations (Northern Ireland) 2023

S.R. 2023/062: The Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/091: The Pensions Dashboards Regulations (Northern Ireland) 2023

S.R. 2023/112: The Child Support Fees (Revocation) Regulations (Northern Ireland) 2023

S.R. 2023/113: The Pensions Dashboards (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/117: The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/140: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) (No. 3) Order (Northern Ireland) 2023

S.R. 2023/143: The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2023

S.R. 2023/144: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/145: The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/146: The Occupational Pension Schemes (Governance and Registration) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/147: The Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/148: The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/150: The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023

S.R. 2023/151: The Social Security Benefits Up-rating (No. 3) Regulations (Northern Ireland) 2023

S.R. 2023/158: The Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/189: The Child Support (Management of Payments and Arrears) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/209: The Pensions Dashboards (No. 2) Regulations (Northern Ireland) 2023

S.R. 2024/006: The Child Support Fees (Revocation) Regulations (Northern Ireland) 2024

S.R. 2024/015: The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2024

Subject to the negative resolution procedure

S.R. 2022/098: The Occupational Pension Schemes (Fraud Compensation Levy) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/115: The Occupational and Personal Pension Schemes (Disclosure of Information) (Requirements to Refer Members to Guidance etc.) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/120: The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/149: The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/154: The Licensing (Notice Relating to Local Producer’s Premises – Authorisation for On-Sales) Regulations (Northern Ireland) 2022

S.R. 2022/163: The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/165: The Social Fund (Child Funeral Fund) Regulations (Northern Ireland) 2022

S.R. 2022/172: The Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/177: The Child Support (Amendments Relating to Information) Regulations (Northern Ireland) 2022

S.R. 2022/178: The Child Support (Amendments Relating to Electronic Communications) Order (Northern Ireland) 2022

S.R. 2022/179: The Social Fund (Child Funeral Fund) (No. 2) Regulations (Northern Ireland) 2022

S.R 2022/182: The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/192: The Occupational Pension Schemes (Collective Money Purchase Schemes) (Modifications and Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2022

S.R. 2022/194: The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/202: The Social Security (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/208: The Occupational and Personal Pension Schemes (Disclosure of Information) (Statements of Benefits: Money Purchase Benefits) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/209: The Occupational Pension Schemes (Climate Change Governance and Reporting) (Amendment, Modification and Transitional Provision) Regulations (Northern Ireland) 2022

S.R. 2022/210: The Occupational Pension Schemes (Investment) (Employer-related Investments by Master Trusts) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/211: The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/215: The Social Fund Winter Fuel Payment (Temporary Increase) Regulations (Northern Ireland) 2022

S.R. 2022/222: The Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) Regulations (Northern Ireland) 2022

S.R. 2022/223: The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/230: The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/294: The Charities (Edgehill Theological College Scheme) Order (Northern Ireland) 2022

S.R. 2022/297: The State Pension Debits and Credits (Revaluation) Order (Northern Ireland) 2022

S.R. 2022/298: The State Pension Revaluation for Transitional Pensions Order (Northern Ireland) 2022

S.R. 2022/300: The Occupational Pensions (Revaluation) Order (Northern Ireland) 2022

S.R. 2022/301: The Pensions (2005 Order) (Disclosure of Restricted Information by the Pensions Regulator) (Amendment of Specified Persons) Order (Northern Ireland) 2022

S.R. 2023/002: The Housing Renovation etc. Grants (Grant Limit) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/003: The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/004: The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Modification) Regulations (Northern Ireland) 2023

S.R. 2023/018: The Tenancy Deposit Schemes (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/019: The Tenancy Information Regulations (Northern Ireland) 2023

S.R. 2023/022: The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling) Order (Northern Ireland) 2023

S.R. 2023/029: The Guaranteed Minimum Pensions Increase Order (Northern Ireland) 2023

S.R. 2023/031: The Loans for Mortgage Interest (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/035: The Social Security Revaluation of Earnings Factors Order (Northern Ireland) 2023

S.R. 2023/041: The Pension Protection Fund (Compensation) and Occupational Pension Schemes (Fraud Compensation Payments) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/067: The Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/072: The Licensing (Form of Licence) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/078: The Local Government (Performance Indicators and Standards) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/080: The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/081: The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2023

S.R 2023/086: The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/085: The Social Fund Winter Fuel Payment (Temporary Increase) Regulations (Northern Ireland) 2023

S.R. 2023/090: The Universal Credit (Childcare) (Amendment) Regulations (Northern Ireland) 2023

S.R 2023/093: The Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023

S.R. 2023/096: The Social Security (Budgeting Loans) (Electronic Communications) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/097: The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/104: The Registered Rents (Increase) Order (Northern Ireland) 2023

S.R. 2023/118: The Social Security (Infected Blood Capital Disregard) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/149: The Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/184: The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/190: The Social Fund Maternity and Funeral Expenses (General) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/192: The Social Security (Widow’s Benefit and Retirement Pensions) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/193: The Occupational Pensions (Revaluation) Order (Northern Ireland) 2023

S.R. 2023/194: The State Pension Revaluation for Transitional Pensions Order (Northern Ireland) 2023

S.R. 2023/195: The State Pension Debits and Credits (Revaluation) Order (Northern Ireland) 2023

S.R. 2024/003: The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2024

S.R. 2024/005: The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2024

1.3 Committee for the Economy

Subject to the draft affirmative resolution procedure

Draft S.R.: The Period Products (the Department for Economy Specified Public Service Bodies) Regulations (Northern Ireland) 2023

Subject to the confirmatory resolution procedure

S.R. 2022/236: The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/237: The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/238: The Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2023/055: The Parental Bereavement Leave Regulations (Northern Ireland) 2023

S.R. 2023/056: The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023

S.R. 2023/057: The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2023

S.R. 2023/155: The Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/156: The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/157: The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2022/004: The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Part 2 of Schedule 8) Regulations (Northern Ireland) 2022

S.R. 2022/183: The Further Education (Student Support) (Eligibility) (Amendment etc.) Regulations (Northern Ireland) 2022

S.R. 2022/184: The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2022

S.R. 2022/201: The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022

S.R. 2022/241: The Insolvency Practitioners (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/242: The Insolvency (Northern Ireland) Order 1989 (Prescribed Part) (Amendment) Order (Northern Ireland) 2022

S.R. 2022/248: The Gas (Designation of Pipe-lines) Order (Northern Ireland) 2022

S.R. 2022/261: The Industrial Court (Membership) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/263: The Education (Student Support, etc.) (Amendment) (No.3) Regulations (Northern Ireland) 2022

S.R. 2022/290: The Public Interest Disclosure (Prescribed Persons) (Amendment No.2) Order (Northern Ireland) 2022

S.R. 2023/099: The Industrial Training Levy (Construction Industry) Order (Northern Ireland) 2023

S.R. 2023/114: The Grading Inspection of Certified Tourist Establishments (Fees) Regulations (Northern Ireland) 2023

S.R. 2023/136: The Student Fees (Inflation Index) Regulations (Northern Ireland) 2023

S.R.2023/233: The Working Time (Amendment) Regulations (Northern Ireland) 2023

1.4 Committee for Education

Subject to the draft affirmative resolution procedure

Draft S.R.: The Period Products (Department of Education Specified Public Service Bodies) Regulations (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2022/134: The Teachers’ Pension Scheme (Amendment) Regulations (Northern Ireland) 2022

S.R. 2023/222: The Curriculum (Circumstances in which a Pupil may be Excused from Sexual and Reproductive Health and Rights Education) Regulations (Northern Ireland) 2023

1.5 Committee for the Executive Office

Subject to the negative resolution procedure

S.R. 2023/197: The Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2023

1.6 Committee for Finance

Subject to the confirmatory resolution procedure

S.R. 2022/225: The Coronavirus Act 2020 (Registration of Deaths and Still-Births) (Extension) (No.2) Order (Northern Ireland) 2022

S.R. 2023/049: The Coronavirus Act 2020 (Registration of Deaths and Still Births) (Extension) Order (Northern Ireland) 2023

S.R. 2023/137: The Coronavirus Act 2020 (Registration of Deaths and Still-Births) (Extension) (No.2) Order (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2021/094: The Financial Assistance (Coronavirus) (No. 2) (Amendment) Regulations (Northern Ireland) 2021

S.R. 2022/092: The Rate Relief (Qualifying Age) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/124: The Valuation for Rating (Decapitalisation Rate) Regulations (Northern Ireland) 2022

S.R. 2022/125: The Rates (Social Sector Value) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/126: The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/204: The Public Service Pensions (Employer Cost Cap and Specified Restricted Scheme) Regulations (Northern Ireland) 2022

S.R. 2022/220: The Whole of Government Accounts (Designation of Bodies) Order (Northern Ireland) 2022

S.R. 2022/256: The Government Resources and Accounts (Northern Ireland) Act 2001 (Estimates and Accounts) (Designation of Bodies) Order 2022

S.R. 2022/295: The Rates (Small Business Hereditament Relief) (Amendment) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2023/001: The Rates (Making and Levying of Different Rates) Regulations (Northern Ireland) 2023

S.R. 2023/039: The Rate Relief (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/053: The Government Resources and Accounts (Northern Ireland) Act 2001 (Estimates and Accounts) (Designation of Bodies) Order 2023

S.R. 2023/054: The Public Service Pensions Revaluation Order (Northern Ireland) 2023

S.R. 2023/089: The Whole of Government Accounts (Designation of Bodies) Order (Northern Ireland) 2023

S.R. 2023/131: The Teachers’ Pension Scheme (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/141: The Public Service (Civil Servants and Others) Pensions (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/198: The Rates (Localised Flooding) (Emergency Relief) Regulations (Northern Ireland) 2023

S.R. 2023/199: The Rates (Localised Flooding No.2) (Emergency Relief) Regulations (Northern Ireland) 2023

S.R. 2024/001: The Rates (Small Business Hereditament Relief) (Amendment) Regulations (Northern Ireland) 2024

S.R. 2024/002: The New NAV List (Time of Valuation) Order (Northern Ireland) 2024

S.R. 2024/007: The Government Resources and Accounts (Northern Ireland) Act 2001 (Estimates and Accounts) (Designation of Bodies) (Amendment) Order 2024

1.7 Committee for Health

Subject to the draft affirmative resolution procedure

Draft S.R.: The Human Tissue (Permitted Material) Regulations (Northern Ireland) 2023

Subject to the confirmatory resolution procedure

S.R. 2022/224: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) (No. 2) Order (Northern Ireland) 2022

S.R. 2023/050: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) Order (Northern Ireland) 2023

S.R. 2023/139: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) (No. 2) Order (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2022/104: The Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/116: The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/153: The Health and Social Care Pensions (Abatement) Regulations (Northern Ireland) 2022

S.R. 2022/155: The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/156: The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/161: The Children’s Social Care (Consequential Amendments) Regulations (Northern Ireland) 2022

S.R. 2022/162: Health and Personal Social Services (General Medical Services Contracts) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/164: The Medical Profession (Responsible Officers) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/174: The Provision of Health Services to Persons Not Ordinarily Resident (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/176: The Misuse of Drugs (Amendment) (Revocation) Regulations (Northern Ireland) 2022

S.R. 2022/181: The Public Health (Notifiable Diseases) Order (Northern Ireland) 2022

S.R. 2022/195: The Provision of Health Services to Persons Not Ordinarily Resident (Amendment No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/196: The Health and Social Care Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/244: The Health and Social Care Pension Scheme (Member Contributions) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/245: The Health and Social Care Pensions (Abatement) (No 2) Regulations (Northern Ireland) 2022

S.R. 2022/276: The General Dental Services (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/285: The Council of the Pharmaceutical Society of Northern Ireland (Indemnity Arrangements) Regulations (Northern Ireland) 2022

S.R. 2022/299: The Mental Capacity (Research) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2023/011: The Children’s Court Guardian Agency for Northern Ireland (Establishment and Constitution) Order (Northern Ireland) 2023

S.R. 2023/012: The Adoption and Children (2022 Act) (Commencement No. 1) Order (Northern Ireland) 2023

S.R. 2023/013: The Guardians Ad Litem (Panel) (Revocation) Regulations (Northern Ireland) 2023

S.R. 2023/026: The Human Tissue (Permitted Material) Regulations (Northern Ireland) 2023

S.R. 2023/032: The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/033: The Health and Social Care Pension Scheme (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/040: The Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/132: The Health and Social Care Pension Schemes (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/133: The Firefighters’ Pensions (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/134: The Recovery of Health Services Charges (Amounts) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/178: The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/180: The Misuse of Drugs (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/213: The Provision of Health Services to Persons Not Ordinarily Resident (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/218: The Misuse of Drugs (Amendment No.2) Regulations (Northern Ireland) 2023

1.8 Committee for Infrastructure

Subject to the draft affirmative resolution procedure

Draft S.R.: The Period Products (Department for Infrastructure Specified Public Service Bodies) Regulations (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2022/60: The Narrow Water Bridge Order (Northern Ireland) 2022

S.R. 2022/61: The Newry River (Diversion of Navigable Watercourse and Extinguishment of Public Rights of Navigation) Order (Northern Ireland) 2022

S.R. 2022/239: The Motor Vehicles (Exchangeable Licences) Order (Northern Ireland) 2022

S.R. 2022/273: The Coshquin Road, Londonderry (Abandonment) Order (Northern Ireland) 2022

S.R. 2022/274: The Whitehouse Road, Londonderry (Abandonment) Order (Northern Ireland) 2022

S.R. 2022/280: The Plantation Mews, Lisburn (Abandonment) Order (Northern Ireland) 2022

S.R. 2022/282: The Footpath linking Hollyhill Link car park and Tempo Road, Enniskillen (Abandonment) Order (Northern Ireland) 2022

S.R. 2022/293: The Motor Vehicles (Access to Driver Licensing Records) Regulations (Northern Ireland) 2022

S.R. 2023/008: The Level Crossing (Cullybackey South) Order (Northern Ireland) 2023

S.R. 2023/009: The Level Crossing (Cullybackey North) Order (Northern Ireland) 2023

S.R. 2023/010: The Level Crossing (Cullybackey Station) Order (Northern Ireland) 2023

S.R. 2023/037: The Planning (Fees) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/070: The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/071: The Road Traffic (Fixed Penalty) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/095: The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/100: The Circular Road, Larne (Abandonment) Order (Northern Ireland) 2023

S.R. 2023/123: The Taxi Drivers’ Licences (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/124: The Motor Vehicles (Driving Licences) (Amendment) (Test Fees) Regulations (Northern Ireland) 2023

S.R. 2023/125: The Public Service Vehicles (Licence Fees) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/126: The Goods Vehicles (Testing) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/127: The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/128: The Taxi Licensing (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/129: The Public Service Vehicles Accessibility (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/130: The Motor Vehicle Testing (Amendment) (Fees) Regulations (Northern Ireland) 2023

S.R. 2023/153: The Killinchy Road, Comber (Abandonment) Order (Northern Ireland) 2023

S.R. 2023/159: The University Road, Belfast (Footway) (Abandonment) Order (Northern Ireland) 2023

S.R 2023/168: The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/177: The B28 Ardress Road, Cranagill, Portadown (Abandonment) Order (Northern Ireland) 2023

S.R. 2023/185: The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/200: The Areema Drive, Dunmurry (Abandonment) Order (Northern Ireland) 2023

S.R. 2023/217: The Market Square, Lisburn (Stopping-Up) Order (Northern Ireland) 2023

S.R. 2024/008: The Annesborough Industrial Estate, Lurgan (Abandonment) Order (Northern Ireland) 2024

S.R. 2024/012: The Greengraves Road, Dundonald (Abandonment and Stopping-Up) Order (Northern Ireland) 2024

S.R. 2024/013: The Cairnmartin Crescent, Belfast (Abandonment) Order (Northern Ireland) 2024

S.R. 2024/014: The Castle Lodge, Randalstown (Abandonment) Order (Northern Ireland) 2024

1.9 Committee for Justice

Subject to the confirmatory resolution procedure

S.R. 2022/227: The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2022

S.R. 2023/046: The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2023

S.R. 2023/122: The Police Pensions (Remediable Service) Regulations (Northern Ireland) 2023

S.R. 2023/138: The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2023

Subject to the negative resolution procedure

S.R. 2022/123: The Magistrates’ Courts (Licensing) (Amendment) Rules (Northern Ireland) 2022

S.R. 2022/148: The Police Pensions (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/158: The County Courts (Financial Limits) Order (Northern Ireland) 2022

S.R. 2022/212: The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/213: The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2022

S.R. 2022/217: The Police Service of Northern Ireland (Amendment) (No. 2) Regulations 2022

S.R. 2022/218: The Magistrates’ Courts (Amendment) Rules (Northern Ireland) 2022

S.R. 2022/233: The County Court (Amendment) Rules (Northern Ireland) 2022

S.R. 2022/243: The Damages for Bereavement (Variation of Sum) Order (Northern Ireland) 2022

S.R. 2022/252: The County Court (Amendment No. 2) Rules (Northern Ireland) 2022

S.R. 2022/254: The Family Proceedings (Amendment) Rules (Northern Ireland) 2022

S.R. 2022/255: The Magistrates’ Courts (Domestic Proceedings) (Amendment) Rules (Northern Ireland) 2022

S.R. 2023/015: The Insolvency (Amendment) Rules (Northern Ireland) 2023

S.R. 2023/016: The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/017: The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2023

S.R. 2023/063: The Judicial Pensions (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/064: The Police Service of Northern Ireland (Amendment) Regulations 2023

S.R. 2023/107: The Judicial Pensions (Remediable Service etc.) Regulations (Northern Ireland) 2023

S.R. 2023/162: The Violent Crime Reduction Act 2006 (Specification for Imitation Firearms) Regulations (Northern Ireland) 2023

S.R. 2023/175: The Magistrates’ Courts (Stalking Protection Orders) Rules (Northern Ireland) 2023

S.R. 2023/220: The Insolvency (Amendment No. 2) Rules (Northern Ireland) 2023

2. Remit of the Examiner of Statutory Rules

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.

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.

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;

(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.”

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.

3. Assembly procedures 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.

3.1 The Negative Resolution Procedure

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]

3.2 The Confirmatory Resolution Procedure

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.

3.3 The Affirmative Resolution Procedure

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 of the Assembly.

3.4 The Draft Affirmative Resolution Procedure

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 of the Assembly.

4. Statutory Rules to which attention is drawn in this report

4.1 Breach of the 21 day rule

The 21 day rule is the established rule of parliamentary practice whereby a Department or other rule-making body should, in the case of a statutory rule that is subject to negative resolution, allow a minimum of 21 days between the laying of the statutory rule and its coming into operation.

The 21 day rule acts to protect those who may be affected by changes in the law from being subject to those changes before they have had a reasonable opportunity to understand the effect of the changes and what they must do in order to satisfy any requirements.

Accordingly, a statutory rule should be laid at least 21 calendar days before it is due to come into force (including the date of laying) and only be brought into force on the twenty-second day at the very earliest.

The 21 day rule also operates to ensure that the Assembly may carry out scrutiny of a statutory rule before it comes into force.

A Department or other rule-making body should not breach the 21 day rule unless there exists a compelling need for urgency which it should set out fully at the time of laying of the statutory rule in question.

The purpose of the rule is to ensure transparency and accessibility. Breach of the 21 day rule by Departments and other rule making bodies undermines the transparency and accessibility of the law.

Breach of the 21 day rule by Departments and other rule making bodies negatively impacts the opportunity for effective scrutiny by the Assembly.

Departments and other rule making bodies should expect to meet the 21 day limit as a minimum. Where the 21 day rule is breached, a full explanation should be provided. This full explanation for breach of this important convention should, where possible, be given in the Explanatory Memorandum to the statutory rule.

Only in the most exceptional circumstances should a statutory rule that is subject to negative resolution be laid after it has come into operation and, where it is so laid, a full explanation of the circumstances giving rise to that should be given, if possible, in the Explanatory memorandum to the statutory rule.

I draw the attention of the Assembly to the following statutory rules on the ground that, in each case, the Rule was laid in breach of the 21 day rule.

S.R. 2022/116: The Pharmaceutical Services (Amendment No. 2) Regulations (Northern Ireland) 2022

The Regulations were made on 16 March 2022, came into force on 1 April 2022, and were laid on 16 March 2022.

The Department advised in correspondence that the Regulations would be laid in breach of the 21 day rule explaining the breach. I am content that the Department, on this occasion, provided a satisfactory explanation for the breach.

S.R 2022/126: The Public Service (Civil Servants and Others) Pensions (Amendment) (No. 2) Regulations (Northern Ireland) 2022

The Regulations were made on 18 March 2022, came into force on 1 April 2022, and were laid on 18 March 2022.

The Department acknowledged in the Explanatory Memorandum to the Regulations that the Regulations were laid in breach of the 21 day rule providing a detailed explanation for the breach. I am content that the Department has provided a satisfactory explanation for the breach.

S.R 2022/134: The Teachers’ Pension Scheme (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 16 March 2022, came into force on 1 April 2022, and were laid on 23 March 2022.

S.R. 2022/148: The Police Pensions (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 22 March 2022, came into force on 30 March 2022, and were laid on 23 March 2022.

S.R. 2022/153: The Health and Social Care Pensions (Abatement) Regulations (Northern Ireland) 2022

The Regulations were made on 23 March 2022, came into force on 25 March 2022, and were laid on 23 March 2022.

The Department has acknowledged in the Explanatory Memorandum to the Regulations that the Regulations were laid in breach of the 21 day rule explaining the breach. I am content that the Department has, on this occasion, provided a satisfactory explanation for the breach.

S.R 2022/155: The Firefighters’ Pension Schemes (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 23 March 2022, came into force on 1 April 2022, and were laid on 23 March 2022.

S.R. 2022/156: The Health and Social Care Pension Schemes (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 23 March 2022, came into force on 1 April 2022, and were laid on 23 March 2022.

S.R. 2022/161: The Children’s Social Care (Consequential Amendments) Regulations (Northern Ireland) 2022

The Regulations were made on 24 March 2022, came into force on 1 April 2022, and were laid on 25 March 2022.

The Department has acknowledged in correspondence that the Regulations were laid in breach of the 21 day rule explaining the breach. I am content that the Department has, on this occasion, provided a satisfactory explanation for the breach.

S.R. 2022/164: The Medical Profession (Responsible Officers) (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 25 March 2022, came into force on 1 April 2022, and were laid on 25 March 2022.

S.R. 2022/172: The Income-Related Benefits (Local Welfare Provision Disregard) (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 26 April 2022, came into force on 4 May 2022, and were laid on 18 May 2022.

S.R. 2022/177: The Child Support (Amendments Relating to Information) Regulations (Northern Ireland) 2022

The Regulations were made on 25 May 2022, came into force on 26 May 2022, and were laid on 25 May 2022.

S.R. 2022/178: The Child Support (Amendments Relating to Electronic Communications) Order (Northern Ireland) 2022

The Order was made on 25 May 2022, came into force on 26 May 2022, and was laid on 25 May 2022.

The Department advised in correspondence that the Order would be laid in breach of the 21 day rule explaining the breach. I am content that the Department, on this occasion, provided a satisfactory explanation for the breach.

S.R. 2022/181: The Public Health (Notifiable Diseases) Order (Northern Ireland) 2022

The Order was made on 6 June 2022, came into force on 7 June 2022, and was laid on 6 June 2022.

The Department acknowledged in correspondence that the Order was laid in breach of the 21 day rule explaining the breach. I am content that the Department has, on this occasion, provided a satisfactory explanation for the breach.

S.R. 2022/195: The Provision of Health Services to Persons Not Ordinarily Resident (Amendment No. 2) Regulations (Northern Ireland) 2022

The Regulations were made on 6 July 2022, came into force on 7 July 2022, and were laid on 6 July 2022.

The Department acknowledged in correspondence that the Regulations would be laid in breach of the 21 day rule explaining the breach. I am content that the Department provided a satisfactory explanation for the breach.

S.R. 2022/215: The Social Fund Winter Fuel Payment (Temporary Increase) Regulations (Northern Ireland) 2022

The Regulations were made on 11 September 2022, came into force on 19 September 2022, and were laid on 15 September 2022.

The Department advised in correspondence that the Regulations would be laid in breach of the 21 day rule explaining the breach. I am content that the Department provided a satisfactory explanation for the breach.

S.R. 2022/223: The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations (Northern Ireland) 2022

The Regulations were made on 22 September 2022, came into force on 26 September 2022, and were laid on 22 September 2022.

S.R. 2023/039: The Rate Relief (Amendment) Regulations (Northern Ireland) 2023

The Regulations were made on 15 March 2023, came into force on 1 April 2023, and were laid on 15 March 2023.

S.R. 2023/040: The Optical Charges and Payments (Amendment) Regulations (Northern Ireland) 2023

The Regulations were made on 15 March 2023, came into force on 1 April 2023, and were laid on 23 March 2023.

The Department has acknowledged in the correspondence that the Regulations were laid in breach of the 21 day rule explaining the breach. I am content that the Department has, on this occasion, provided a satisfactory explanation for the breach.

S.R. 2023/054: The Public Service Pensions Revaluation Order (Northern Ireland) 2023

The Regulations were made on 30 March 2023, came into force on 1 April 2023, and were laid on 30 March 2023.

S.R 2023/086: The Social Fund Maternity and Funeral Expenses (General) and Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023

The Regulations were made on 26 May 2023, came into force on 8 June 2023, and were laid on 26 May 2023.

S.R. 2023/106: The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023

The Regulations were made on 27 June 2023, came into force on 30 June 2023, and were laid on 27 June 2023.

S.R. 2023/222: The Curriculum (Circumstances in which a Pupil may be Excused from Sexual and Reproductive Health and Rights Education) Regulations (Northern Ireland) 2023

The Regulations were made on 19 December 2023, came into force on 1 January 2024, and were laid on 19 December 2023.

S.R. 2023/233: The Working Time (Amendment) Regulations (Northern Ireland) 2023

The Regulations were made on 21 December 2023, came into force on 1 January 2024, and were laid on 21 December 2023.

4.2 Drafting matters

S.R. 2022/104: The Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022

The special attention of the Assembly is drawn to the Health and Social Care Act (Northern Ireland) 2022 (General Dental and Ophthalmic Services Consequential and Miscellaneous Amendment) Regulations (Northern Ireland) 2022 (the Regulations) in relation to an error in their drafting.

The introductory text to the Regulations cites Article 26(2) of, and Schedule 3 to, the Health and Personal Social Services (Northern Ireland) Order 1972 (the 1972 Order). Article 26 of, and Schedule 3 to, the 1972 Order were repealed on 1 April 2009 by the Health and Social Care (Reform) Act (Northern Ireland) 2009.

It is noted that the Regulations may be made under powers conferred by the other provisions which have been appropriately cited in the introductory text.

The Department has acknowledged the error and advises that it has commenced the process of correcting the error within future amendments of the legislation. I am content with this approach.

S.R. 2023/007: The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2023 (revoked)

S.R. 2023/117: The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023

The special attention of the Assembly is drawn to S.R. 2023/7, The Occupational Pension Schemes (Collective Money Purchase Schemes), and to S.R. 2023/117, The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023, in relation to an error in their drafting.

S.R 2023/117 revokes and replaces S.R. 2022/7. In each rule references in regulation 15(4) to “section 97(8) of the 2021 Act” should instead refer to “section 87(8) of the 2021 Act” and, in paragraph 9(a) of Schedule 2 to each rule, references to “section 62(2) of the 2021 Act” should instead refer to “section 52(2) of the 2021 Act”.

The Department acknowledged the error and made the appropriate corrections to S.R. 2023/117.

4.3 Successive Statutory Rules subject to the confirmatory resolution procedure

The attention of the Assembly is drawn to a number of those statutory rules which have been made by Departments which are subject to the confirmatory procedure, and which were made during that period when normal Assembly business was not ongoing.

A statutory rule which is subject to the confirmatory resolution procedure is made by the rule making body, usually a Department, and laid before the Assembly. It has legal effect without any action by the Assembly. However, it will cease to have effect within a specified period provided for in the parent legislation, unless it is approved by a resolution of the Assembly.

The confirmatory resolution procedure is used for more significant exercises of delegated powers. Positive action by the Assembly is required for the subject statutory rule to continue in force.

The Assembly will note that in a number of instances successive statutory rules have had the effect of ensuring that, where an individual rule ceased to have effect, its provision nevertheless prevails in the statutory rule by which it is succeeded. These are set out below.

S.R. 2022/205: The Coronavirus Act 2020 (Extension of Provisions Relating to Statutory Sick Pay) (No. 2) Order (Northern Ireland) 2022

S.R. 2022/214: The Coronavirus Act 2020 (Extension of Modifications of Requirements Regarding Medical Certificates for Cremations) (No. 2) Order (Northern Ireland) 2022

S.R. 2022/224: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) (No. 2) Order (Northern Ireland) 2022

S.R. 2022/225: The Coronavirus Act 2020 (Registration of Deaths and Still-Births) (Extension) (No.2) Order (Northern Ireland) 2022

S.R. 2022/228: The Coronavirus Act 2020 (Extension of Modifications of Requirements Regarding Medical Certificates for Cremations) (No. 3) Order (Northern Ireland) 2022

S.R. 2022/229: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/231: The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022

S.R. 2022/232: The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/234: The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/236: The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/237: The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2022

S.R. 2022/238: The Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2022

S.R. 2023/028: The Mesothelioma Lump Sum Payments (2022 Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/030: The Social Security (2022 Benefits Up-rating) Regulations (Northern Ireland) 2023

S.R. 2023/139: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) (No. 2) Order (Northern Ireland) 2023

S.R. 2023/140: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) (No. 3) Order (Northern Ireland) 2023

S.R. 2023/042: The Benefit Cap (Annual Limit) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/46: The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) Order (Northern Ireland) 2023

S.R. 2023/048: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) Order (Northern Ireland) 2023

S.R. 2023/049: The Coronavirus Act 2020 (Registration of Deaths and Still Births) (Extension) Order (Northern Ireland) 2023

S.R. 2023/050: The Coronavirus Act 2020 (Extension of Powers to Act for the Protection of Public Health) Order (Northern Ireland) 2023

S.R. 2023/051: The Coronavirus Act 2020 (Extension of Provisions Relating to Local Authority Meetings) (No. 2) Order (Northern Ireland) 2023

S.R. 2023/052: The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/055: The Parental Bereavement Leave Regulations (Northern Ireland) 2023

S.R. 2023/056: The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023

S.R. 2023/057: The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2023

S.R. 2023/117: The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/137: The Coronavirus Act 2020 (Registration of Deaths and Still-Births) (Extension) (No.2) Order (Northern Ireland) 2023

S.R. 2023/138: The Coronavirus Act 2020 (Extension of Provisions Relating to Live Links for Courts and Tribunals) (No.2) Order (Northern Ireland) 2023

S.R. 2023/144: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/145: The Social Security Benefits Up-rating (No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/147: The Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (Northern Ireland) 2023

S.R. 2023/150: The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023

4.4 Statutory Rules related to Covid-19

To assist the Assembly, an illustrative list of statutory rules considered in this Report which are related to Covid-19 is set out below.