Session 2007/2008
Twelfth Report
Report of the
Examiner of Statutory Rules
to
the Assembly
and
the Appropriate Committees
12 March 2008
Committee for Agriculture and Rural Development |
S.R. 2008 Nos. 70, 83 |
Committee for Education |
Draft statutory rule: The Special Educational Needs and Disability (2005 Order) (Amendment) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (Northern Ireland) 2008 S.R. 2008 No. 79 |
Committee for Enterprise, Trade and Investment |
S.R. 2008 No. 55 |
Committee for Finance and Personnel |
S.R. 2008 No. 68 |
Committee for Regional Development |
S.R. 2008 Nos.63, 78 |
Committee for Social Development |
S.R. 2008 Nos. 67, 73 |
NIA 119/07-08
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 statutory rules listed in this report.
Corrigendum: Eleventh Report of Session 2007 – 2008 (S.R. 2008/73)
4. In the Appendix to the Eleventh Report of Session 2007 – 2008 (29 February 2008), the Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2008 ( S.R. 2008/73) were wrongly listed under the heading “Statutory rules subject to negative resolution” whereas they are subject to affirmative resolution: the Regulations appear, correctly listed accordingly, in the Appendix to this report.
W G Nabney
Examiner of Statutory Rules
12 March 2008
APPENDIX
(The attention of the appropriate Committees and the Assembly is drawn to those statutory rules marked in bold )
Draft statutory rule subject to the approval of the Assembly
The Special Educational Needs and Disability (2005 Order) (Amendment) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (Northern Ireland) 2008
Statutory rule subject to affirmative resolution
The Pneumoconiosis, etc., (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/73)
Statutory rules subject to negative resolution
The Offshore Electricity Development (Environmental Impact Assessment) Regulations (Northern Ireland) 2008 (S.R. 2008/55)
The Traffic Signs (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/63)
The Energy Efficiency Grants (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/67)
The Rate Relief (Qualifying Age) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/68)
The Dairy Quota Products (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/70)
The Penalty Charges (Additional Contravention) Regulations (Northern Ireland) 2008 (S.R. 2008/78)
The Special Educational Needs and Disability (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) Regulations (Northern Ireland) 2008 (S.R. 2008/79)
Pig Production Development (Levy) Revocation (No.2) Order (Northern Ireland) 2008 (S.R. 2008/83)