Statutory Instruments Act (Gotzborg)

Statutory Instruments Act

Chamber of Deputies
Long title	An Act to govern the process for making statutory instruments.
Number	ST 28/001
Introduced by	Liam Sinclair
Extent	Kingdom of Gotzborg
Dates
Royal Assent	4 July 2017
Commencement	4 July 2017

Whereas it is important for the governance of the Royal Kingdom that there be a consistent process for the making of statutory instruments;

Be it decreed by His Royal Majesty, King August Charles II, by and with the advice and consent of the Government and Peoples of Gotzborg, in this Chamber of Deputies here assembled, and by the authority of the same, as follows:

Preliminary

Short Title

1. This Act may be cited as the Statutory Instruments Act.

Repealed Law

2. Where existing laws conflict with the provisions stated herein, the provisions of this Act shall take precedence.

Commencement

3. This Act shall commence on a date to be fixed by Royal Decree.

Definitions and Interpretation

4. The Vice-Minister for Justice may delegate the various powers, duties, and responsibilities of this Act is such manner as he deems fit. Subject to such delegation, in this Act and any related regulation, order or instrument, a reference to a person or organization shall be taken as a reference to the person or the organization delegated by the Vice-Minister for Justice for the referred matter.

5. In this Act and any related regulation, order or instrument:

1. “prescribed” means prescribed by regulations made pursuant to this Act;
2. “regulation” means a statutory instrument made in the exercise of a legislative power conferred by or under a Statute of the Chamber of Deputies;
3. “regulation-making authority” means any authority authorized to make regulations and, with reference to any particular regulation or proposed regulation, means the authority that made or proposes to make the regulation;
4. “statutory instrument” means any regulation, order or notice made or established in the execution of a power conferred by or under a Statute of the Chamber of Deputies, by or under which that instrument is expressly authorized to be issued or by or under the authority of His Royal Majesty; but, does not include any such instrument made or established by a corporation incorporated by Royal Charter.

Examination of Proposed Regulations

6. Where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Ministry of Justice a copy of the proposed regulation.

7. On receipt, the Vice-Minister for Justice shall examine the proposed regulation to ensure that:

1. It is authorized by the statute pursuant to which it is to be made;
2. It does not constitute an unusual or unexpected use of the authority pursuant to which it is to be made;
3. It does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Constitution Act; and,
4. The form and draftsmanship of the proposed regulation are in accordance with established standards;

8. When a proposed regulation has been examined as required by Article 7, the Vice-Minister for Justice shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in Article 7(i), (ii), (iii), or (iv) to which, in the opinion of the Vice-Minister for Justice, based on that examination, the attention of the regulation-making authority should be drawn.

9. Where any regulation-making authority or other authority responsible for the issue, making or establishment of a statutory instrument, or any person acting on behalf of such an authority, is uncertain as to whether a proposed statutory instrument constitutes a regulation if it were made or established, the question shall be referred to the Vice-Minister for Justice.

Publication and Coming into Force of Regulations

10. A regulation that is published to the Palace Notice Board shall be considered to be registered and in-force unless, within a period of seven (7) days thereafter, the Vice-Minister for Justice states his refusal of its registration on the basis of it having not been reviewed pursuant to Article 7.

11. No regulation shall come into force on a day earlier than the day which it is registered unless expressly stated that it comes into force on a day earlier than that day.

12. Where a regulation comes into force on a day before the day which it is registered, the regulation-making authority shall advise the Vice-Minister for Justice why it is not practical for the regulation to come into force on the day on which it is registered.

Other Statutory Instruments

13. Where a statutory instrument is not, by its nature, a regulation, the making authority is not required to consult the Vice-Minister for Justice prior to its registration.

14. A statutory instrument, other than a regulation, is considered to be registered and in-force upon its publication by the making authority to the Palace Notice Board or to the authority’s designated forum.

15. A statutory instrument, other than a regulation, may only come into force on the day of its registration and not before.

Power to Revoke Regulations and Statutory Instruments

16. His Royal Majesty, on the recommendation of the Vice-Minister for Justice, or the Chamber of Deputies pursuant to Article 17, may, notwithstanding the provisions of the statute under which the regulation or other statutory instrument was authorized, revoke the regulation or other statutory instrument in whole or in part if:

1. In the case of a regulation, on examination under Article 7, it is found to contravene paragraphs 7(i), (ii), (iii) or (iv); or,
2. In the case of another statutory instrument, it is found by the Vice-Minister for Justice to be a regulation by its nature.

17. His Royal Majesty, with or without recommendation, may revoke any statutory instrument under the reserve powers granted to Him by the Constitution Act.

18. The Chamber of Deputies may review and scrutinize any registered statutory instrument and make a resolution to recommend, to His Royal Majesty, its revocation. Any such process shall be undertaken in compliance with the current Rules of Procedure of the Chamber of Deputies.

19. Where a statutory instrument is revoked, it shall become without effect from the day on which its revocation is registered. The registration process shall be the same as prescribed by this Act for registration to come into force.

The Public Records Office

20. The Public Records Office shall be responsible for the maintenance of all registered statutory instrument texts.

21. Where a statutory instrument has been registered, it shall be published by the Public Records Office within a period of thirty-days thereafter. On such publication, the text of the statutory instrument maintained by the Public Records Office shall be considered the official version.

22. The Public Records Office shall be responsible for consolidating the official version of the statutory instrument to ensure that it reflects any future revision.

Judicial Notice of Statutory Instruments

23. A statutory instrument that has been published by the Public Records Office shall be judicially noticed.

24. In addition to any other manner of proving the existence or contents of a statutory instrument, evidence of the existence or contents of a statutory instrument may be given by production of the hyperlink to the Public Records Office official version.