SESSION 2001 - 2002
FIFTEENTH REPORT OF THE EXAMINER OF STATUTORY RULES
TO
THE ASSEMBLY
AND
THE APPROPRIATE COMMITTEES

(listed below)

DATED 24 JUNE 2002

Committee of the Centre

(S.R. 2001 No.183 and the

draft Fair Employment (Monitoring)

(Amendment) Regulations

(Northern Ireland) 2002)

Environment Committee

(S.R. 2002 Nos. 195 and 197)

Finance and Personnel Committee

(S.R. 2002 No. 211 and the

draft Births, Deaths and Marriages (Fees) (No. 2)

Order (Northern Ireland) 2002)

Health, Social Services and Public Safety Committee

(S.R. 2002 Nos. 181, 203 and 216)

Regional Development Committee

(S.R. 2002 Nos. 186, 187, 188,

192, 193, 194 and 196)

Social Development Committee

(S.R. 2002 Nos. 189, 203 and 216)

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.
2. All of the statutory rules considered in this report, except S.R. 2002 No.183 (the Regulation of Investigatory Powers Act 2000 (Amendment) Order (Northern Ireland) 2002, the draft statutory rules (that is to say, the draft Fair Employment (Monitoring) (Amendment) Regulations (Northern Ireland) 2002 and the draft Births, Deaths and Marriages (Fees) (No. 2) Order (Northern Ireland) 2002), are subject to negative resolution; S.R. 2002 No. 183 is subject to affirmative resolution; and the draft statutory rules are subject to approval by resolution of the Assembly before they are made.
3. I draw the attention of the Assembly and the Environment Committee to the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 197) on the ground that it is defectively drafted in a number of places as acknowledged by the Department of the Environment. In this case the Department had drafted the amending regulations intending to refer in a number of places to the date when the Regulations came into operation (that is to say, "1^st September 2002"); but instead of actually inserting that date in the final text the Department left in the words "[insert operative date]" or "[operative date]": see the amendments in regulations 3(6) and 5 and the Schedule. The Department acknowledges that this was an oversight and has indicated that it has revised its checking procedures immediately prior to making Regulations to ensure that this will not happen again. The Department has further indicated that it intends to revoke and replace S.R. 2002 No. 197 with further amending Regulations.I draw attention to the Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 197) accordingly.
4. I draw the attention of the Assembly and the Finance and Personnel Committee to thedraft Births, Deaths and Marriages (Fees) (No. 2) Order (Northern Ireland) 2002, not on the content of the draft Order itself, but because it replaces the previously (and purportedly) made Births, Deaths and Marriages (Fees) Order (Northern Ireland) 2002 (S.R. 2002 No. 224): S.R. 2002 No. 224 was purportedly made as a statutory rule "subject to affirmative resolution", the effect of which (by virtue of section 41(5) of the Interpretation Act (Northern Ireland) 1954) is that, although made, the statutory rule cannot come into operation until it has been affirmed by a resolution of the Assembly; whereas there is a requirement under parent (primary) legislation applicable to the (draft) Order to the effect that the Order must be approved in draft by resolution of the Assembly before it can be made, which is clearly distinguishable from a statutory rule "subject to affirmative resolution" (by virtue of section 41(5) of the Interpretation Act). I drew the point to the attention of the Department of Finance and Personnel on the afternoon of 20 June 2002, having been informed by the Department on that date that it intended to lay the Order as a statutory rule "subject to affirmative resolution", whereupon the Department took immediate steps to lay a fresh (draft) Order: the draft Order was in fact laid on 21 June 2002. In passing, I mention that the draft Order contains provision for the revocation of S.R. 2002 No. 224: even though this instrument could never have had any effect, it seems to me that it was, on balance, better (that is to say, neater) to expressly revoke it, as the Department has done.I draw attention to the draft Births, Deaths and Marriages (Fees) (No. 2) Order (Northern Ireland) 2002 accordingly.
5. Subject to the points set out in paragraphs 3 and 4, there is nothing in the statutory rules and draft 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.