Statutory Rules of Northern Ireland
Encyclopedia
The Statutory Rules of Northern Ireland are the principal form in which delegated legislation
is made in Northern Ireland
.
Statutory Rules are made under the Statutory Rules (Northern Ireland) Order 1979. They replaced Statutory Rules and Orders
made under the Rules Publication Act (Northern Ireland) 1925 and are comparable with statutory instruments in the rest of the United Kingdom
.
After being made by the relevant public body, statutory rules are registered and numbered (sequentially under the year in which they are made) by the Office of the First Minister and Deputy First Minister
which then arranges for notice of the making of the rules to be published in the Belfast Gazette
and for the rules to be printed by Her Majesty's Stationery Office.
Every statutory rule which is laid before the Assembly and which is subject to proceedings in the Assembly is referred to the appropriate committee of the Assembly for consideration. To assist the committees, the Northern Ireland Assembly has appointed an Examiner of Statutory Rules. The Committee or Examiner will highlight a rule to the Assembly if it:
As with all delegated legislation, because statutory instruments are made by a person exercising a power conferred by an Act of Parliament for a specified purpose, rather than by Parliament exercising its sovereign law-making powers, they can be struck down by the courts if it is concluded that they are ultra vires
(literally, outside the powers conferred by the parent Act). This would be the case if the Government attempts to use delegated legislation for a purpose not envision by the parent Act, or if the legislation is an unreasonable use of the power conferred by the Act, or if pre-conditions imposed by the Act (for example, consultation with certain organisations) have not been satisfied.
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
is made in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Statutory Rules are made under the Statutory Rules (Northern Ireland) Order 1979. They replaced Statutory Rules and Orders
Statutory Rules and Orders
Statutory Rules and Orders were the means by which delegated legislation used to be made in the United Kingdom.Statutory Rules and Orders began with the Rules Publication Act 1893...
made under the Rules Publication Act (Northern Ireland) 1925 and are comparable with statutory instruments in the rest of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Definition and making of statutory rules
A document is a statutory rule if it contains orders, rules, regulations or byelaws which have effect in Northern Ireland and were made after 31 December 1958 by Northern Ireland Departments or certain other public bodies in exercise of a power of a legislative character conferred by:- an Act of the Parliament of Northern Ireland,
- an Act of the Northern Ireland Assembly,
- an Act of the Parliament of the United KingdomAct of ParliamentAn Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
.
After being made by the relevant public body, statutory rules are registered and numbered (sequentially under the year in which they are made) by the Office of the First Minister and Deputy First Minister
Office of the First Minister and deputy First Minister
The Office of the First Minister and deputy First Minister is a devolved Northern Ireland government department in the Northern Ireland Executive with overall responsibility for the running of the Executive...
which then arranges for notice of the making of the rules to be published in the Belfast Gazette
Belfast Gazette
The Belfast Gazette, along with the London Gazette and the Edinburgh Gazette, is an official newspaper of the United Kingdom government. It is published by The Stationery Office , on behalf of Her Majesty's Stationery Office in Belfast, Northern Ireland.The Belfast Gazette was first published on...
and for the rules to be printed by Her Majesty's Stationery Office.
Controls over statutory rules
Many parent Acts will require that new statutory rules are laid before the Northern Ireland Assembly and are either:- subject to affirmative resolution - in other words, they cannot come into force until approved by the Assembly; or
- subject to negative resolution - meaning that they will become law after a period (usually 30 days when the Assembly is sitting) unless the Assembly passes a resolution to annul them.
Every statutory rule which is laid before the Assembly and which is subject to proceedings in the Assembly is referred to the appropriate committee of the Assembly for consideration. To assist the committees, the Northern Ireland Assembly has appointed an Examiner of Statutory Rules. The Committee or Examiner will highlight a rule to the Assembly if it:
- imposes a cost on the public finances,
- requires payments of fees to a public authority,
- is made under powers which prevent it from be challenged in the courts,
- attempts to have retrospective effect (i.e. to change the law from a date before the date on which it is made) when the parent legislation does not explicitly empower it to do so,
- makes an unexpected or unusual use of the powers conferred by the parent legislation, or it may be ultra viresUltra viresUltra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
(outside the powers granted by the parent legislation, and so unlawful), - requires further explanation,
- has been published or laid before Assembly late, or
- is unclear or appears to contain mistakes.
As with all delegated legislation, because statutory instruments are made by a person exercising a power conferred by an Act of Parliament for a specified purpose, rather than by Parliament exercising its sovereign law-making powers, they can be struck down by the courts if it is concluded that they are ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
(literally, outside the powers conferred by the parent Act). This would be the case if the Government attempts to use delegated legislation for a purpose not envision by the parent Act, or if the legislation is an unreasonable use of the power conferred by the Act, or if pre-conditions imposed by the Act (for example, consultation with certain organisations) have not been satisfied.