Statutory rules of Northern Ireland facts for kids
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The statutory rules of Northern Ireland are like special, detailed rules that help the main laws work in Northern Ireland. Think of them as the smaller instructions that government departments create to make sure bigger laws passed by the Northern Ireland Assembly can actually be put into action.
These rules are made under a specific law called the Statutory Rules (Northern Ireland) Order 1979. Before this, similar rules were made under an older law from 1925. These rules are much like "statutory instruments" you might hear about in other parts of the United Kingdom.
Contents
What Are Statutory Rules?
Statutory rules are official documents that contain orders, rules, regulations, or byelaws (local laws). They are used in Northern Ireland and have been made since 1958 by Northern Ireland government departments or other public groups. These rules are created using special powers given to them by:
- An Act of the Parliament of Northern Ireland (older laws).
- An Act of the Northern Ireland Assembly (current laws).
- An Act of the Parliament of the United Kingdom (laws from the UK Parliament).
How Are Statutory Rules Made?
After a government department or public body creates a statutory rule, it goes through a few important steps:
- It is officially registered and given a number. This number helps keep track of all the rules made each year.
- The Office of the First Minister and deputy First Minister handles this registration.
- Then, a notice about the new rule is published in the Belfast Gazette, which is like an official newspaper for government announcements.
- Finally, the rules are printed by Her Majesty's Stationery Office so everyone can see them.
Checking Statutory Rules
Many of the main laws (called "parent Acts") that allow these rules to be made also say that the new statutory rules must be shown to the Northern Ireland Assembly. This is a way to make sure the rules are fair and correct. There are two main ways the Assembly checks them:
- Affirmative Resolution: This means the rule cannot become law until the Assembly officially approves it. It needs a "yes" vote from the Assembly members.
- Negative Resolution: This means the rule will become law after a certain time (usually 30 days when the Assembly is meeting), unless the Assembly votes to stop it. If they don't like it, they can "annul" it.
The Role of the Assembly and Examiner
Every statutory rule that is shown to the Assembly is sent to a special committee for review. To help these committees, the Northern Ireland Assembly has an "Examiner of Statutory Rules." This Examiner and the committees look closely at the rules. They will point out a rule to the Assembly if it:
- Costs the public a lot of money.
- Asks people to pay fees to a public authority.
- Is made in a way that stops it from being challenged in court.
- Tries to change the law for a time before it was even made (called "retrospective effect"), unless the main law clearly allows this.
- Uses the powers given by the main law in a surprising or unusual way. It might even be ultra vires, meaning it goes beyond the powers given and could be unlawful.
- Needs more explanation to be understood.
- Was published or shown to the Assembly later than it should have been.
- Is unclear or seems to have mistakes.
Challenging Rules in Court
Just like all laws made by government departments (not by the main Parliament), statutory rules can be challenged in the courts. This happens if a court decides that a rule is ultra vires. This Latin phrase means "beyond the powers."
A rule might be considered ultra vires if:
- The government tries to use the rule for something the main law didn't intend.
- The rule is an unreasonable use of the power given by the main law.
- Important steps, like talking to certain groups, were not followed before the rule was made.
