Northern Ireland Assembly Flax Flower Logo

SESSION 2001 - 2002

THIRD REPORT OF THE EXAMINER OF STATUTORY RULES
TO
THE ASSEMBLY
AND
THE APPROPRIATE COMMITTEES

(listed below)
DATED 10 JANUARY 2002

Agriculture and Rural Development Committee

(S.R. 2001 No. 411)

Committee of the Centre

(S.R. 2001 No. 421)

Employment and Learning Committee

(S.R. 2001 No. 423)

Health, Social Services and Public Safety Committee

(S.R. 2001 Nos. 408 and 419)

Regional Development Committee

(S.R. 2001 Nos. 409 and 413)

Social Development Committee

(S.R. 2001 Nos. 412, 414, 415 and 420)

  1. In accordance with the revised delegations under Standing Order 41 given to the Examiner of Statutory Rules by the appropriate Committees in October and November 2001, I submit my report on the statutory rules listed in the Appendix. At the same time, I am sending a copy of this report to each of the Departments concerned. As soon as practicable, I will publish it accordingly on the Assembly Website.
  2. All of these statutory rules are subject to negative resolution.
  3. I draw the attention of the Agriculture and Rural Development Committee to theSheep Annual Premium (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 411) on the ground that there is a breach of the 21 day rule and also on the ground that they are defectively drafted in one minor respect mentioned in paragraph 5.
  4. The explanation provided by the Department of Agriculture and Rural Development for the breach of the 21 day rule was rather brief: it was to the effect that "as the Assembly will be aware" it was necessary to bring the Regulations into operation by the opening date of the scheme, and this seems apparent from the content of the Regulations. The Regulations were made on 23 November 2001, laid on the same day and came into operation on 4 December 2001. My understanding is that the Department was discussing the policy in relation to fraud and offences (regulation 11 refers) with the Agriculture and Rural Development Committee at the Committee's meeting on 23 November 2001: see the minutes of the Agriculture and Rural Development Committee. At least they were laid very promptly.
  5. Regulation 3(2) is in the following terms―

"(2) For paragraph (2) of regulation 3 (Application for premium) there shall be substituted―

(2) A producer who applies for a premium in respect of a given marketing year shall deliver his application to the competent authority―

(a) on or after 4th December in the preceding calendar year; and
(b) not later than 4th January in that marketing year (both dates inclusive) or if 4th January is a Saturday, Sunday or public holiday the next following working day.".".

I queried the purpose of the words "(both dates inclusive)" in substituted paragraph

(2)(b): they appear to me to be meaningless as drafted and I have not had an explanation from the Department as to their intended purpose.Accordingly, I draw attention to regulation 3(2) as being defectively drafted.

  1. Subject to the points set out in paragraphs 2 to 5, there is nothing in the statutory rules covered by this report that requires to be brought to the special attention of the Assembly and the appropriate Committees under any of the grounds mentioned in Standing Order 41(5).

W G Nabney
Examiner of Statutory Rules

10 January 2002

APPENDIX

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

Colours in Food (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 408)

Street Works (Inspection Fees) Regulations (Northern Ireland) 2001 (S.R. 2001 No.409)

The Sheep Annual Premium (Amendment) Regulations (Northern Ireland) 2001

(S.R. 2001 No. 411)

The Occupational Pensions (Revaluation) Order (Northern Ireland) 2001 (S.R. 2001 No. 412)

The Street Works (Maintenance) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 413 )

Gaming (Variation of Monetary Limits) Order (Northern Ireland) 2001

(S.R. 2001 No. 414)

Gaming (Bingo) (Amendment) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 415)

Miscellaneous Food Additives (Amendment No. 2) Regulations (Northern Ireland) 2001

(S.R. 2001 No. 419)

The Social Security (Notification of Change of Circumstances) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 420)

Fair Employment (Specification of Public Authorities) (Amendment) Order (Northern Ireland) 2001 (S.R. 2001 No. 421)

New Deal (Lone Parents) (Miscellaneous Provisions) Order (Northern Ireland) 2001

(S.R. 2001 No. 423)