Northern Ireland Assembly Flax Flower Logo

Session 2007/2008

Eleventh Report

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

29 February 2008

Committee for Agriculture and Rural Development

S.R. 2008 Nos. 25, 33, 53, 60

Committee for Education

S.R. 2008 No. 50

Committee for Enterprise, Trade and Investment

S.R. 2008 Nos. 52, 54

Committee for Health, Social Services and Public Safety

S.R. 2008 Nos. 41,42

Committee for Regional Development

S.R. 2008 Nos. 44, 72

Committee for Social Development

S.R. 2008 Nos. 45, 51, 69, 73

NIA 103/07-08

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 draw the attention of the Committee for Agriculture and Rural Development and the Assembly to the Pig Production Development (Levy) (Revocation) Order (Northern Ireland) (S.R. 2008/25) on the ground that the Department for Agriculture and Rural Development has (purportedly) made the Order under the wrong statutory power (as the Department has acknowledged), thereby raising a doubt as to its vires. The Order purports to be made in exercise of section 11 of the Pig Production Development Act (Northern Ireland) 1964, whereas the appropriate power is section 5 of that Act. The Department is now in the process of making a second Order, revoking the levy to the same effect as in the first Order and also revoking the first Order (which is of doubtful vires).


4. I draw the attention of the Committee for Agriculture and Rural Development and the Assembly to the Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/60) on the ground that they are defectively drafted in one respect, acknowledged by the Department of Agriculture and Rural Development. Regulation 3 inserts a definition ("official body of point of entry") in the principal Regulations, but this expression is not used in those Regulations (but rather in the related Plant Health Order (Northern Ireland) 2006). The Department intends to correct this at the next opportunity (probably late 2008), and that seems satisfactory as the unnecessary definition does not affect the working of the Regulations.W G NabneyExaminer of Statutory Rules29 February 2008

W G Nabney
Examiner of Statutory Rules
29 February 2008


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

Statutory rules subject to negative resolution
Pig Production Development (Levy) (Revocation) Order (Northern Ireland) Order 2008 (S.R. 2008/25)

Foyle Area and Carlingford Area (Angling) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/33)

The Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/41)

The Condensed Milk and Dried Milk (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/42)

The Eastburn Avenue, Ballymoney (Abandonment) Order (Northern Ireland) 2008 (S.R. 2008/44)

The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/45)

The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/50)

The Social Security (National Insurance Numbers) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/51)

The Measuring Instruments (Use for Trade) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/52)

The Animal and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/53)

Electricity (Offshore Wind and Water Driven Generating Stations) (Permitted Capacity) Order (Northern Ireland) 2008 (S.R. 2008/54)

The Plant Health (Import Inspection Fees) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/60)

The Social Security (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2008
(S.R. 2008/69)

The Kirk Road, Ballymoney (Abandonment) Order (Northern Ireland) 2008 (S.R. 2008/72)

The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/73)