Session 2007/2008
Seventeenth Report
Report of the
Examiner of Statutory Rules
to
the Assembly
and
the Appropriate Committees
16 June 2008
Committee for Agriculture and Rural Development |
S.R. 2008 Nos.189, 195, 205, 240 |
Committee for the Environment |
S.R. 2008 Nos. 231, 234, 235 |
Committee for Finance and Personnel |
S.R. 2008 Nos. 226, 241 |
Committee for Health, Social Services and Public Safety |
Draft Statutory Rules: The Children and Young Persons ( Sale of Tobacco etc.) Regulations ( Northern Ireland) 2008; The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) (Amendment) Regulations ( Northern Ireland) 2008; |
Committee for Regional Development |
S.R. 2008 No. 221 |
NIA 194/07-08
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)). They 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 OLIVE OIL (MARKETING STANDARDS)
REGULATIONS (NORTHERN IRELAND) 2008 (S.R. 2008/189)
3. I draw the attention of theCommittee for Agriculture and Rural Development and the Assembly to the Olive Oil (Marketing Standards) Regulations (Northern Ireland) 2008 (S.R. 2008/189) on the ground that the Regulations are defectively drafted in one respect, acknowledged by the Department of Agriculture and Rural Development . The defect does not in any way affect the working of the Regulations.
4. The drafting defect is simply that regulation 18 (amendment of the Olive Oil Marketing Standards (Amendment) Regulations (Northern Ireland) 1998) has no purpose: the 1998 Regulations amended the Olive Oil Marketing Standards Regulations (Northern Ireland) 1987, and the amendments made the 1998 (amending) Regulations are part of the 1987 (principal) Regulations; the 1987 (principal) Regulations have now been revoked and replaced by the present Regulations, subject to a transitional saving in regulation 17(4); and that revocation and saving in respect the 1987 (principal) Regulations could have (and probably should have for completeness) included a reference to the 1998 (amending) Regulations.
THE PHARMACEUTICAL SOCIETY OF NORTHERN IRELAND
(GENERAL) (AMENDMENT) REGULATIONS
(NORTHERN IRELAND) 2008 (S.R. 2008/222)
5. I draw the attention of the Committee for Health, Social Services and Public Safety to the Pharmaceutical Society of Northern Ireland (General) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/222) on the ground that the Regulations were laid in breach of the 21-day rule (that is to say, the well-established rule of practice whereby a Department or other rule-making body should, in the case of a statutory rule that is subject to negative resolution, allow at least 21 days between its laying and its coming into operation) explained by the Department of Health, Social Services and Public Safety . The Regulations (which increase fees in respect of registration by pharmaceutical chemists and related fees for retention on, and restoration to, the register); were made by the Pharmaceutical Society of Northern Ireland on 15 May 2008; were approved by the Department on the same day; were laid by the Department on 22 May 2008; and came into operation on 1 June 2008. The Department has explained that the 21-day rule was not met as a result of various pressures within the Department. Before the Regulations were made they were considered by the Committee as proposed Regulations on 15 May 2008. The explanation provided by the Department appears to be reasonable.
W G Nabney
Examiner of Statutory Rules
13 June 2008
APPENDIX
(The attention of the appropriate Committees and the Assembly is drawn to
those statutory rules marked in bold )
Draft statutory rules for approval by resolution of the Assembly
The Children and Young Persons ( Sale of Tobacco etc.) Regulations ( Northern Ireland) 2008
The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) (Amendment) Regulations ( Northern Ireland) 2008
Statutory rules subject to negative resolution
The Olive Oil (Marketing Standards) Regulations ( Northern Ireland) 2008 (S.R. 2008/189)
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations ( Northern Ireland) 2008 (S.R. 2008/ 195)
The Food Labelling (Declaring of Allergens) Regulations ( Northern Ireland) 2008 (S.R. 2008/198)
The Plant Health (Amendment) Order ( Northern Ireland) 2008 (S.R. 2008/205)
The Meadowbank, Newtownabbey (Abandonment) Order ( Northern Ireland) 2008 (S.R. 2008/221)
The Pharmaceutical Society of Northern Ireland (General) (Amendment) Regulations ( Northern Ireland) 2008 (S.R. 2008/ 222)
The Valuation (Water Undertaking) Regulations ( Northern Ireland) 2008 (S.R. 2008/226)
The Quality of Bathing Water Regulations ( Northern Ireland) 2008 (S.R. 2008/231)
The Disclosure of Vehicles Insurance Information Regulations ( Northern Ireland) 2008 (S.R. 2008/234)
The Planning (Avian Influenza) (Special Development) Order ( Northern Ireland) 2008 (S.R. 2008/235)
The Drinking Milk Regulations ( Northern Ireland) 2008 (S.R. 2008/237)
The Spreadable Fats (Marketing Standards) and Milk and Milk Products (Protection of Designations) Regulations ( Northern Ireland) 2008 (S.R. 2008/ 239)
Reporting of Prices of Milk Products Regulations ( Northern Ireland) 2008 (S.R. 2008/ 240)
The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations ( Northern Ireland) 2008 (S.R. 2008/ 241)