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A
Bill
To
Establish a framework for the creation, scrutiny, and publication of delegated legislation.
1 - About this ActBill
To
Establish a framework for the creation, scrutiny, and publication of delegated legislation.
(1) This Act
(a) may be cited as the Statutory Instruments Act.
(b) may be numbered as P.B.03-006.
(c) shall be enacted immediately upon receiving assent from Her Majesty the Queen.
(d) has been authored by Nim.
(e) has been co-sponsored by Member of Parliament ConsequencesInc.
2 - Definitions
(1) "Parent Act" shall refer to an Act of Parliament that contains a provision granting a Minister the power to create a Statutory Instrument.
(2) "Statutory Instrument" (SI) shall refer to any regulation, order, rule, or other form of subordinate legislation made by a Minister exercising a power conferred by a Parent Act.
(3) "Laying before Parliament" shall refer to the formal submission of a Statutory Instrument to the Clerk of Parliament for the purpose of parliamentary scrutiny. The Clerk shall be responsible for recording the date of laying and making the SI available to all Members of Parliament.
(4) "Affirmative Procedure" shall refer to the process whereby a draft SI requires the explicit approval of Parliament before it can be made into law.
(5) "Negative Procedure" shall refer to the process whereby an SI is made into law but can be annulled by a resolution of Parliament within a prescribed time.
3 - Power to Make Statutory Instruments
(1) A Minister may only make a Statutory Instrument if a Parent Act expressly grants them the power to do so.
(2) Any Statutory Instrument made must be within the scope and purpose of the powers conferred by the Parent Act.
(3) Before making a Statutory Instrument, the responsible Minister shall, where appropriate and practicable, consult with persons or bodies likely to be substantially affected by it.
5 - Form and Publication
(1) Every Statutory Instrument shall be given a unique identifying number by the responsible Ministry.
(2) Every Statutory Instrument must be accompanied by an Explanatory Memorandum, which shall not form part of the instrument itself. The memorandum must:
(a) Identify the Parent Act under which the SI is made;
(b) Explain the purpose and effect of the SI in clear, non-technical language; and
(c) Confirm that any necessary consultation has been undertaken.
(3) For a Statutory Instrument to have legal effect, it must be published by the responsible Ministry in a designated public channel on the StateCraft Forums.
5 - Laying of Instruments
(1) After a Statutory Instrument is made, the responsible Minister shall lay it before Parliament as soon as is practicable.
(2) Unless the Parent Act specifies otherwise, all Statutory Instruments shall be subject to the Negative Procedure.
6 - Negative Procedure
(1) Where an SI is subject to the Negative Procedure, it shall come into force on the date specified within the instrument.
(2) The SI shall be annulled if, within 40 days beginning on the day the instrument was laid, Parliament passes a resolution to annul it.
(3) Where an SI is annulled, its annulment does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
7 - Affirmative Procedure
(1) A Parent Act may require that an SI be subject to the Affirmative Procedure.
(2) An SI subject to the Affirmative Procedure shall be laid before Parliament in draft form and shall not be made into law unless and until Parliament passes a resolution approving the draft.
(3) If Parliament does not pass a resolution to approve the draft SI within 7 days beginning on the day it was laid, the draft shall be considered rejected, and the Minister may not proceed with making the instrument.
8 - Urgent Cases
(1) If a Minister determines that, by reason of urgency, an SI must be made without being first laid in draft under the Affirmative Procedure, the Minister may make the instrument.
(2) The instrument shall be laid before Parliament with a written statement explaining the reasons for the urgency.
(3) The instrument shall cease to have effect after 7 days from being made unless Parliament passes a resolution approving it within that period.
9 - Judicial Review
(1) The validity of a Statutory Instrument may be challenged in the Magistrates Court of the Kingdom of Alexandria.
(2) The Magistrates Court may declare a Statutory Instrument to be void if it determines that the instrument, or any provision within it, is ultra vires (beyond the powers) of the Parent Act.
10 - Severability
(1) The provisions of this act are severable. Should one part of it be declared unconstitutional or otherwise void, it shall not affect the parts which remain.
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