Session 2007/2008
Second Report
Report of the
Examiner of Statutory Rules
to
the Assembly
and
the Appropriate Committees
21 September 2007
Committee for Agriculture and Rural Development |
S.R. 2007 Nos. 354, 355, 357, 361, 364 |
Committee for Employment and Learning |
S.R. 2007 Nos. 360, 363, 375, 393 |
Committee for Enterprise, Trade and Investment |
S.R. 2007 Nos. 391, 394 and the (draft) Renewables Obligations (Amendment) Order ( Northern Ireland) 2007 |
Committee for the Environment |
S.R. 2007 No. 372 |
Committee for Regional Development |
S.R. 2007 Nos. 356, 368, 369, 370 |
Committee for Social Development |
S.R. 2007 Nos. 382, 392, 395, 396 |
NIA 40/07-08
1. In accordance with the delegations in respect of the technical scrutiny of statutory rules under Standing Order 41(4)(b) given to the Examiner of Statutory Rules by the appropriate Committees on 11, 16, 17 and 18 May 2007, I submit my report on the statutory rules listed in the Appendix.
2. My terms of reference are essentially set out in Standing Order 41(6) (taken with the delegations under Standing Order 41(4)(b)) are as follows:
“( 6) In scrutinising an instrument the appropriate Committee shall inter alia 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.”.
Statutory rules to which attention is drawn in this report
The export restrictions (foot-and-mouth Disease) Regulations ( Northern Ireland) 2007 (S.R. 2007/357)
The export restrictions (foot-and-mouth Disease) (Amendment) Regulations ( Northern Ireland) 2007
(S.R. 2007/364)
3. I draw the attention of the Committee for Agriculture and Rural Development and the Assembly to the Export Restrictions (Foot-and-Mouth Disease) Regulations (Northern Ireland) 2007 (S.R. 2007/357) and the Export Restrictions (Foot-and-Mouth Disease) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/364) on the ground that they were laid in breach of the 21-day rule and laid after they came into operation. But the Department of Agriculture and Rural Development has explained that these Regulations “implement emergency disease control measures and were brought into operation immediately to facilitate the continuation of trade between Northern Ireland and other member States”. That explanation seems to be reasonable in the circumstances of the foot-and-mouth disease emergency.
W G Nabney
Examiner of Statutory Rules
21 September 2007
APPENDIX
(The attention of the appropriate Committees and the Assembly is drawn to those statutory rules marked in bold)
Draft statutory rule subject to approval by resolution of the Assembly
The Renewables Obligations (Amendment) Order ( Northern Ireland) 2007
Statutory rule subject to affirmative resolution
The Pig Production Development Committee (Winding Up) Order ( Northern Ireland) 2007 (S.R. 2007/354)
Statutory rules subject to negative resolution
The Environmental Impact Assessment (Forestry) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/355)
The Thornhill Road, Dungannon (Abandonment) Order ( Northern Ireland) 2007 (S.R. 2007/356)
The Export Restrictions (Foot-and-Mouth Disease) Regulations ( Northern Ireland) 2007 (S.R. 2007/357)
The Education (Student Loans) (Repayment) Regulations ( Northern Ireland) 2007 (S.R. 2007/360)
The Less Favoured Areas (Compensatory Allowances) (No. 2) Regulations ( Northern Ireland) 2007 (S.R. 2007/361)
The Education (Student Support) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/363)
The Export Restrictions (Foot-and-Mouth Disease) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/364)
The Shaftesbury Road, Bangor (Abandonment) Order ( Northern Ireland) 2007 (S.R. 2007/368)
The B82 Killadeas Road, Kesh (Abandonment) Order ( Northern Ireland) 2007 (S.R. 2007/369)
The A2 Clooney Road, Faughanvale (Abandonment) Order ( Northern Ireland) 2007 (S.R. 2007/370)
The Local Government Pension Scheme (Amendment No. 2) Regulations ( Northern Ireland) 2007 (S.R. 2007/372)
The Student Fees (Qualifying Courses and Persons) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/375)
The Independent Living Fund (2006) Order ( Northern Ireland) 2007 (S.R. 2007/382)
The Measuring Instruments (Liquid Fuel and Lubricants) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/391)
The Social Security (Miscellaneous Amendments No. 4) Regulations ( Northern Ireland) 2007 (S.R. 2007/392)
The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No.2) Regulations ( Northern Ireland) 2007 (S.R. 2007/393)
The Companies (Tables A to F) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/394)
The Social Security (National Insurance Credits) (Amendment) Regulations ( Northern Ireland) 2007 (S.R. 2007/395)
The Social Security (Miscellaneous Amendments No. 5) Regulations ( Northern Ireland) 2007 (S.R. 2007/396)