Statutory instrument

In many countries, a statutory instrument is a form of delegated legislation.

United Kingdom

Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom.

England and Wales

In England and Wales, statutory instruments (or 'regulations')[1] are primarily governed by the Statutory Instruments Act 1946,[2] which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893. Wales Statutory Instruments are published as a subseries of the UK statutory instrument series—for example, the Environment (Wales) Act 2016 (Commencement No. 3) Order 2017 is numbered 2017 No. 714 (W. 171), meaning it is the 714th statutory instrument in the UK series and 171st in the Wales subseries.[3]

Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.[4]

Scotland

In Scotland, statutory instruments were governed by the Statutory Instruments Act 1946 following devolution until the Interpretation and Legislative Reform (Scotland) Act 2010 came into force.[5][6][7] Unlike Wales Statutory Instruments, Scottish Statutory Instruments are not published as a subseries of the UK series—instead, they are published separately by the Queen's Printer for Scotland. However, any UK statutory instruments dealing with reserved matters and applying only to Scotland are published in a UK subseries, such as the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 2016 numbered 2016 No. 185 (S. 1).[8]:12[9]

Northern Ireland

In Northern Ireland, delegated legislation is organised into statutory rules, rather than statutory instruments.

Ireland

In the Republic of Ireland the term "statutory instrument" is given a much broader meaning than under the UK legislation. Under the Statutory Instruments Act 1947 a statutory instrument is defined as being "an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute".

However, only certain statutory instrument are published and numbered by the Stationery Office, this being mostly where the statute enabling the enactment of delegated legislation required that any such legislation be laid before the Houses of the Oireachtas.

United States

Two close equivalents of similar operation are

  • Executive orders of the President of the United States, which give instructions to various federal agencies on certain actions they are to take in various cases. They have the force of law, but are subordinate to primary legislation (i.e. acts of Congress) which may constrain their effect, and are also subject to judicial review.
  • Regulations of various government agencies (a form of delegated legislation) are issued by those agencies regarding subjects those agencies have jurisdiction or responsibility over, or in response to statutes of Congress directing them to take responsibility over a particular subject or issue. They are published in the Federal Register for public notice and comment before becoming valid, and unless objected to by Congress, become effective and have the force and effect of law.

Other countries

Similarly to the United Kingdom, national and state/provincial governments in Australia and Canada also call their delegated legislation statutory instruments.

Canada uses statutory instruments for proclamations by the Queen of Canada. For example, the Proclamation of the Queen of Canada on April 17, 1982 brought into force the Constitution Act 1982, the UK parts of which are known as the Canada Act 1982.

See also

References

  1. ^ UK Statutory Instrument regulations should be distinguished from EU Regulations which are legislative acts that become immediately enforceable as law in all member states simultaneously.]]
  2. ^ "Statutory Instruments Act 1946 (c. 36, 9–10 Geo. VI)", legislation.gov.uk, The National Archives, 1946 c. 36
  3. ^ National Assembly for Wales. The Environment (Wales) Act 2016 (Commencement No. 3) Order 2017 (SI 2017/714 (W. 171)) as made, from legislation.gov.uk.
  4. ^ What are statutory instruments, and do they show “contempt for democracy”? New Statesman
  5. ^ "The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096)", legislation.gov.uk, The National Archives, SI 1999/1096
  6. ^ Scottish Parliament. Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) as amended (see also enacted form), from legislation.gov.uk.
  7. ^ Scottish Parliament. The Scottish Statutory Instrument Regulations 2011 (SSI 2011/195) as made, from legislation.gov.uk.
  8. ^ Her Majesty's Stationery Office (2006). Statutory Instrument Practice: A manual for those concerned with the preparation of statutory instruments and the parliamentary procedures related to them. Office of Public Sector Information.
  9. ^ "The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 2016 (SI 2016/185 (S. 1))", legislation.gov.uk, The National Archives, SI 2016/185

External links

Delegated Legislation Committee

A delegated Legislation Committee (DLC) is a general committee of the House of Commons of the United Kingdom that allows for debate of a statutory instrument or Church Measure which has been laid before the House of Commons. With respect to statutory instruments, it differs from the Joint Committee on Statutory Instruments and Commons Select Committee on Statutory Instruments in that those committees only scrutinise certain technical aspects of them. By contrast, DLC's provide a forum for discussing the merits of proposed instruments. They do not approve or reject delegated legislation, but merely debate it on a motion "That this committee has considered" the legislation. A statutory instrument or measure debated in a DLC's is not later debated on the House floor; rather, a vote is taken without debate if one is sought.

While any Member is allowed to attend and speak, a DLC is commonly composed of seventeen Members, though this can range between sixteen and fifty Members. Only the original members are allowed to vote.As with other general committees, the Speaker appoints the chair, and the Committee of Selection appoints the other members. Any MP may participate in proceedings of a DLC, allowing all MPs an opportunity to debate pieces of delegated legislation, but only members of the committee may vote or are counted toward the quorum. Legislation is distributed among the committees by the Speaker, but a fresh committee is nominated for each instrument (or for a small group of related instruments). Statutory Instruments under the affirmative procedure are automatically referred to a DLC.DLC's were first set up as Standing Committees on Statutory Instruments in the 1973-1947 session, to alleviate the House. These were renamed at the beginning of the 1995-1996 session to Standing Committees on Delegated Legislation and in 2006-2007 to Delegated Legislation Committees.

English family law

English family law concerns the law relating to family matters in England and Wales. Family law concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made.

The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. This article concerns only England and Wales. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in both county courts and family proceedings courts (magistrates' court), both of which operate under codes of Family Procedure Rules. There is also a specialist division of the High Court of Justice, the Family Division which hears family law cases.

Hybrid Instruments Committee

The Hybrid Instruments Committee is a select committee of the House of Lords in the Parliament of the United Kingdom. The role of the committee is to look into all opposed hybrid instruments (i.e., a statutory instrument that, but for its enabling act, would have had to proceed through Parliament as a hybrid bill or private bill), and to advise the House as to whether it should appoint a select committee, similar to those appointed for opposed private bills, to scrutinise the instrument and the petition or petitions against it.

List of Statutory Instruments of the United Kingdom, 1947

For the main article see Statutory Instruments.This is an incomplete list of statutory instruments of the United Kingdom in 1947. This listing is the complete, 1 (one) item, "Partial dataset" as listed on www.legislation.gov.uk (as at March 2014).1947-1948 saw the coming into force of the Statutory Instruments Act 1946 which mandated statutory instruments. Prior to this act Statutory Rules and Orders fulfilled a similar function and they formed the secondary legislation of England, Scotland and Wales prior to 1948.

List of designations under the Protection of Wrecks Act

This is a list of all sites designated under the Protection of Wrecks Act 1973. The designated sites are shown on charts and notified to mariners. English Heritage provides administration of the arrangements under the Act in England and publishes information on each site. In May 2011, it launched an online searchable database of all protected wreck sites in English territorial waters, the National Heritage List for England, which includes the location co-ordinates, designation list entry description and brief historical details for each site. The administration of designated historic wrecks in Scotland is managed by Historic Environment Scotland, and in Wales by Cadw.

List of grammar schools in England

This is a list of the current 163 state-funded fully selective schools (grammar schools) in England, as enumerated by Statutory Instrument. The 1998 Statutory Instrument listed 166 such schools. However, in 2000 Bristol Local Education Authority, following consultation, implemented changes removing selection by 11+ exam from the entry requirements for two of the schools on this original list. This list does not include former direct grant grammar schools which elected to remain independent, often retaining the title "grammar school". For such schools see the list of direct grant grammar schools.

Under the Tripartite System of secondary education in England between the 1940s and 1960s, approximately a quarter of children were selected by the eleven plus exam for entry to grammar schools, either "maintained" grammar schools fully funded by the state or direct grant grammar schools. Most of the maintained grammar schools were closed or converted to comprehensive schools in the 1960s and 1970s, though a few local authorities resisted this move and retained a selective system.

There are also a number of isolated grammar schools, which admit the candidates who score highest on their entry tests.The remaining 163 English state grammar schools are listed here grouped by region (from north to south) and Local Education Authority.

There are no remaining state grammar schools in North East England.

The gender indicated is that of the main school (ages 11–16). Several single-sex schools have sixth forms that also admit a small number of students of the opposite gender.

London Residuary Body

The London Residuary Body was a body set up in 1985 to dispose of the assets of the Greater London Council after the council's abolition in 1986. Similar residuary bodies were set up for the metropolitan counties. After the abolition of the Inner London Education Authority, the LRB took control of its assets. The LRB was chaired throughout its existence by Sir Godfrey Taylor. In 1986 Tony Banks had two adjournment debates on the LRB, which he said "exists in a vain attempt to clear up the appalling mess left in London following the Government's ill-conceived, ill-considered and ill-finished abolition of the Greater London council", and called "an unelected, unaccountable body whose members were hand-picked by the Government".Among the GLC assets disposed of by the LRB was County Hall and Parliament Hill Lido. After all of the assets were sold, the LRB was wound up in 1996.

The LRB left few traces: the most prominent being a sign with details for the car park close to the Royal Festival Hall and London Eye – which vanished in 2004 when the car park was built. Another is a sign on County Hall itself relating to the legal position of the walkway on the river front of County Hall signed by John Howes, Director of Administration of the LRB.

See also Workspace Group, who took on 18 properties from the LRB.

R300 road (Ireland)

The R300 road is a regional road in southwest County Mayo and north County Galway in Ireland. It connects the R330 road at Cloonee and the nearby N84 road at Partry to the R345 road at Clonbur (An Fhairche), 36.2 kilometres (22.5 mi) to the south (map). It passes through the area known as Joyce Country between the Partry Mountains and Lough Mask.

The government legislation that defines the R300, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

R300: Partry, County Mayo — An Fhairche, County GalwayBetween its junction with R330 at Ballynanerroon Beg in the county of Mayo and its junction with R345 at An Fhairche in the county of Galway via An tSraith, Tuar Mhic Éadaigh, Páirc an Doire, Sriath na Long and Fionnaithe in the county of Mayo; and An Choill Bheag in the county of Galway.

R313 road (Ireland)

The R313 road is a regional road in County Mayo in Ireland. It connects the town of Bangor Erris to Blacksod at the tip of the Mullet Peninsula, 40 kilometres (25 mi) away (map).The government legislation that defines the R313, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

Bangor — An Fod Dubh, County MayoBetween its junction with N59 at Bangor and its terminal point at Caladh an Fód Dubh via Munhin Bridge, Gleann Chaissil, Áit Tí Conain; Sraid na Bearice, An Chearnóg, Sráid Mheiriceá, and An Droichead Nua at Béal an Mhuirthead; An Geata Mór, Oilligh and An Eachléim all in the county of Mayo.

R317 road (Ireland)

The R317 road is a regional road in County Mayo in Ireland. It connects the N59 at Newport to the R312 road at Boggy, 13.5 kilometres (8.4 mi) away (map of the route).The government legislation that defines the R317, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

Newport — Boggy, County MayoBetween its junction with N59 at Georges Street Newport and its junction with R312 at Boggy via Knockmoyle and Bracklagh all in the county of Mayo.

R318 road (Ireland)

The R318 road is a regional road in County Mayo in Ireland. It connects the N26 at Foxford to the R310 at Cuingbeg, 4.3 kilometres (2.7 mi) away (map of the route).The government legislation that defines the R318, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

Foxford — Pontoon, County MayoBetween its junction with N26 at Bridge Street Foxford and its junction with R310 at Cuingbeg via Corlummin all in the county of Mayo.

R322 road (Ireland)

The R322 road is a regional road in central County Mayo in Ireland. It connects the R320 road at Kiltimagh to the N17 road at Cloonturk, 9.7 kilometres (6.0 mi) away (map). The road passes just to the north of Cloonfallagh about halfway between the N17 and Kiltimagh.

The government legislation that defines the R322, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

Kiltimagh – Kilkelly, County MayoBetween its junction with R320 at Main Street Kiltimagh and its junction with N17 at Cloonturk via James Street at Kiltimagh; Canbrack and Woodfield all in the county of Mayo.

R329 road (Ireland)

The R329 road is a regional road in east central County Mayo in Ireland. It connects the N17 road at Shanvaghera – via Knock – to the N17 road at Ballyfarnagh, 6.6 kilometres (4.1 mi) away (map).The government legislation that defines the R329, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

R329: Knock, County Mayo (Part Old National Route 17)Between its junction with N17 at Shanvaghera and its junction with N17 at Ballyfarnagh via Knock all in the county of Mayo.

R331 road (Ireland)

The R331 road is a regional road in southeast County Mayo, Ireland. The route connects the towns of Claremorris and Ballinrobe, and links the N60 road with the N84 road. The official description of the R331 from the Roads Act 1993 (Classification of Regional Roads) Order 2006 (Statutory Instrument 188 of 2006) reads:

R331: Claremorris - Ballinrobe, County MayoBetween its junction with N60 at Inner Relief Road in the town of Claremorris and its junction with N84 at Bridge Street Ballinrobe via Ballyhaunis Road, Main Street and James Street in the town of Claremorris; Rooskeybeg, Tagheen, Hollymount, Cappacurry; and Abbey Street at Ballinrobe all in the county of Mayo.The road is 22.5 kilometres (14.0 mi) long and it crosses the winding River Robe three times on its journey (map of the road).

R378 road (Ireland)

The R378 road is a regional road in County Mayo in Ireland. It runs along the south shore of Clew Bay and connects the R335 in Louisburgh to Roonagh Quay, 7.2 kilometres (4.5 mi) away (map of the route).The government legislation that defines the R378, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

Louisburgh — Roonagh Pier, County MayoBetween its junction with R335 at Bridge Street Louisburgh and its terminal point at Roonagh Quay via Accony all in the county of Mayo.

R476 road (Ireland)

The R476 road is a regional road in central County Clare in Ireland. The route connects the N85 road at Ennis to the N67 road at Lisdoonvarna, 31 kilometres (19 mi) away (map).The government legislation that defines the R476, the Roads Act 1993 (Classification of Regional Roads) Order 2012 (Statutory Instrument 54 of 2012), provides the following official description:

R476: Ennis - Lisdoonvarna, County ClareBetween its junction with N85 at Fountain Cross and its junction with N67 at Lisdoonvarna via Ballycullinan Bridge, Ballykinnacorra, Corrofin, Killinaboy, Leamaneh Cross, Kilfenora, Ballykeel and Gowlaun Bridge all in the county of Clare.

Scottish statutory instrument

A Scottish statutory instrument (Scottish Gaelic: Ionnsramaid Reachdail na h-Alba; SSI) is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the Queen-in-Council.The Interpretation and Legislative Reform (Scotland) Act 2010 defines what a Scottish statutory instrument is. Before this Act, SSIs were governed by the Statutory Instruments Act 1946, which continues to govern UK statutory instruments.SSIs, and the power to enable the creation of subordinate legislation in general, are not mentioned in the original text of the Scotland Act 1998, which devolved powers to the Scottish Parliament. Rather, this power is implied by the statement that Acts of the Scottish Parliament are law to the extent that they are not "outside the legislative competence of the Parliament," without any subsequent reservation of the power to make subordinate legislation.Before Scottish devolution, subordinate legislation applying only to Scotland was published as a subseries of the larger UK statutory instrument (SI) series. This subseries is now used for SIs which deal with reserved matters in relation to Scotland.

Statutory instrument (UK)

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

Statutory instruments are governed by the Statutory Instruments Act 1946. They replaced statutory rules and orders, made under the Rules Publication Act 1893, in 1948.

Most delegated legislation in Great Britain is made in the form of a statutory instrument. (In Northern Ireland, delegated legislation is organised into statutory rules, rather than statutory instruments.) The advent of devolution in 1999 resulted in many powers to make statutory instruments being transferred to the Scottish and Welsh governments, and oversight to the Scottish Parliament and National Assembly for Wales. Instruments made by the Scottish Government are now classed separately as Scottish statutory instruments.

Trunk roads in Ireland

Ireland has an extensive network of public roads which connect all parts of the country with each other. Roads in Ireland are currently classified as motorways, National Primary routes, National secondary routes, Regional roads and Local roads. The introduction of this classification system began in 1977.

Prior to this, the Republic of Ireland had a different road classification and numbering system. Roads fell into three categories: T (Trunk Roads), L (Link Roads) and unclassified roads. These largely correspond to modern N and R roads in Ireland

The origins of this system lie in pre-independence legislation: the preliminary section of Statutory Instrument S.I. No. 55/1926 — Road Signs and Traffic Signals Regulations, 1926 states that the Ministry of Transport Act, 1919 gave the Minister for Local Government and Public Health the power to assign a "route letter and number" to a road, while Section 6.4 of Part I of the Regulations specifies the positioning of the "route letter and the number of the road" on directional signs. The Statutory Instrument refer to the "classification of roads as a 'Trunk' or 'Link' Road".

In early 1926 the Minister made a Main Road Order which came into legal effect on April 1, 1926. The contents of this proposed order were communicated to local authorities in advance., this initial Main Road Order established the initial T Road and L Road networks in each county in 1926 and required county councils to maintain these main roads.

A reply to a question in parliament, given in 1964, described the Main Road Order process."Subsequently, in the period 1925-26, a further classification of roads was made pursuant to the Local Government Act, 1925, into main, county and urban roads, for the purpose of apportioning statutory responsibility for construction and maintenance, and for determining the chargeability of roads expenses for the purposes of annual estimates. The 1925 Act classification, like the 1919 Act classification, was also made after consultation with the local authorities, and the roads which were declared to be main roads were the trunk and link roads of the 1919 Act classification together with some additional roads decided upon after the consultation which I have mentioned."

Even though legal authority for the erection of directional signposts was given to local councils, the Automobile Association of Ireland began an extensive road signposting scheme in 1938 which included comprehensive signposting of routes from Belfast, Cork and Dublin.Evidence that the Trunk Road and Link Road classification and numbering system had been well established by the 1950s is found in Statutory Instrument S.I. No. 284/1956 — Traffic Signs Regulations, 1956 which contains examples of several directional signs. The first and second examples show the T8 as the route to Wexford and Rosslare. In addition, Esso road-maps of Ireland from the 1950s show the Trunk and Link road network. Despite its long-standing use, the original Trunk and Link road system was never legislated for and the routes of Trunk Roads and Link Roads were never formally designated by law.This current system of road classification and numbering has its origins in the late 1960s: the Minister for Local Government, Kevin Boland, announced on 23 July 1969 that a national road network would be formed. In 1974, the Local Government (Roads and Motorways) Act came into effect. It allowed for designation of roads as motorways or national roads. National roads were first designated by Statutory Instrument S.I. No. 164/1977 on 1 June 1977. Twenty-five National Primary routes (N1-N25) and thirty-three National Secondary routes (N51-N83) were initially designated.

The changeover to the new system was gradual: a route planning map of Ireland from the late 1970s (or early 1980s), divided into a northern section and a southern section, shows a mixture of Trunk Road, Link Road and National route numbers.

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