Northern Ireland Assembly Flax Flower Logo

Session 2007/2008

Seventh Report

Report of the
Examiner of Statutory Rules
to
the Assembly
and
the Appropriate Committees

7 December 2007

Committee for Agriculture and Rural Development
S.R 2007. No. 483
Committee for Culture, Arts and Leisure
S.R. 2007 Nos. 471, 472
Committee for the Environment
S.R. 2007 No. 479
Committee for the Office of the First Minister and deputy First Minister
S.R. 2007 Nos. 470, 473, 474
Committee for Regional Development
S.R. 2007 Nos. 487, 489
Committee for Social Development
S.R. 2007 No. 486

NIA 70/07-08

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

3. I do not draw the attention of the appropriate Committees or the Assembly to any of the statutory rules listed in the Appendix.

W G Nabney
Examiner of Statutory Rules
7 December 2007

APPENDIX

(The attention of the appropriate Committees and the Assembly is drawn to those statutory rules marked in bold)

Statutory rules subject to negative resolution

The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470)

Fisheries (Amendment) Byelaws (Northern Ireland) 2007 (S.R. 2007/471)

Eel Fishing (Licence Duties) Regulations (Northern Ireland) 2007 (S.R. 2007/472)

The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations (Northern Ireland) 2007 (S.R. 2007/473)

The Disability Discrimination (Premises) Discrimination Regulations (Northern Ireland) 2007 (S.R. 2007/474)

The Local Government Pension Scheme (Amendment No. 4) Regulations (Northern Ireland) 2007

(S.R. 2007/479)

The Plant Health (Amendment No. 2) Order (Northern Ireland) 2007 (S.R. 2007/483)

The Occupational Pensions (Revaluation) Order 2007 (S.R. 2007/486)

The C554 Greeencastle Road, Greencastle (Abandonment) Order (Northern Ireland) 2007 (S.R. 2007/487)

The C560 Aughrim Road, Magherafelt (Abandonment) Order (Northern Ireland) 2007 (S.R. 2007/489)