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Statutory Instrument Practice + Her Majesty’s Stationery Office Statutory Instrument Practice A manual for those concerned with the preparation of statutory instruments and the parliamentary procedures relating to them - 4th edition (November 2006) (incorporating amendments announced by SIP Circulars up to and including Circular 04 (06)) Her Majesty’s Stationery Office – operating within the Office of Public Sector Information, a part of The National Archives © Crown copyright 2006 This document may be downloaded, copied and circulated for official use within Government departments and Agencies. Copies of this Manual may also be obtained from: The Statutory Instruments Registrar Her Majesty’s Stationery Office Office of Public Sector Information Admiralty Arch (North Side) The Mall London SW1A 2WH Tel: 020 7276 5209 Fax: 020 7276 5207 Email: [email protected] ii Preface This is the fourth edition of Statutory Instrument Practice and replaces the edition published in June 2003. This edition has been prepared by Her Majesty’s Stationery Office (HMSO) within the Office of Public Sector Information. HMSO will be pleased to receive any suggestions for improvements and to have any errors or other defects pointed out. These should be sent to the address below. In the preparation of this edition very valuable advice and comment has been received from Counsel to the Speaker; from officers of each House of Parliament; and from lawyers, parliamentary clerks and officials from other government departments. Their help is gratefully acknowledged. The full text of this Manual, the Statutory Instrument Practice Circulars and other guidance relevant to the preparation of Statutory Instruments can be downloaded from the OPSI website at: www.opsi.gov.uk/si/statutory-instrument-practice.htm and on LION (the Legal Information Online Network) at: www.knowledgenetwork.gsi.gov.uk/lion2/areapres.nsf Details of the Statutory Instrument Practice Circulars which have been issued since the previous edition, the contents of which are reflected in this edition, are listed on the following page. The Statutory Instruments Registrar Her Majesty’s Stationery Office Office of Public Sector Information Admiralty Arch (North Side) The Mall London SW1A 2WH Email: [email protected] November 2006 iii Statutory Instrument Practice Circulars issued since publication of the 3rd edition Statutory Instrument Practice Circulars issued since the publication of the 3rd edition of the manual and which contain details of amendments which have been incorporated are listed below. The full text of these circulars can be found on the OPSI website at: http://www.opsi.gov.uk/advice/publishing-guidance/statutory-instrument-practice.htm Circular Date of issue Subject(s) covered No 02 (03) 27 August 2003 Statutory Instrument Practice – 3rd Edition 03 (03) 27 August 2003 HMSO Contact Arrangements and Departmental Liaison Officers 04 (03) 27 August 2003 Production of SIs using the SI Template 05 (03) 13 November 2003 1. Explanatory Notes and references to Regulatory Impact Assessments 2. SI Template (Version 2.41) 01 (04) 16 March 2004 SI Template (Version 2.5) 02 (04) 30 April 2004 House of Lords Select Committee on the Merits of Statutory Instruments 03 (04) 30 April 2004 The provision to Parliament and publication of Explanatory Memoranda to Statutory Instruments 04 (04) 28 July 2004 The provision to Parliament and publication of Explanatory Memoranda to Statutory Instruments 05 (04) 13 August 2004 TSO (The Stationery Office) – Change Of Address 06 (04) 12 November 2004 S I Template (Version 3.0) 01 (05) 5 April 2005 Impact of the General Election on the Making of Statutory Instruments 02 (05) 30 June 2005 1. Explanatory Memoranda to Statutory Instruments 2. SI Template (Version 4.0) 03 (05) 30 August 2005 SI Template (Version 4.01) 04 (05) 19 September 2005 Modernising SI Drafting 05 (05) 20 September 2005 Modernising SI Drafting 01 (06) 26 May 2006 Joint Committee/Select Committee on Statutory Instruments – Changed requirements 02 (06) 10 October 2006 Explanatory Memoranda to Statutory Instruments 03 (06) 7 November 2006 1. Explanatory Memoranda to Statutory Instruments: Template 2. Merger of HMSO with The National Archives 04 (06) 20 November 2006 Statutory Instrument Practice – 4th Edition iv TABLE OF CONTENTS References to this Manual Paragraph numbers (e.g. ‘2.3.1’, meaning Part 2, Section 3, paragraph 1) are used in referring to the texts in Parts 1 – 5, page numbers (e.g. ‘78’: no full point) in referring to other material in the manual, including the Tables in Parts 1 – 3. Page Preface iii List of SIP Circulars issued since first publication of this edition iv Table of Contents v PART 1 INTRODUCTION 1 1.1 Scope of this manual 1 1.2 Subordinate legislation generally 1 1.2.1 Nature of subordinate legislation 1 1.2.3 Notification to the European Commission 1 1.2.4 The making and commencement of subordinate legislation 2 1.2.5 Limits of delegated powers 2 1.2.6 Interpretation 2 1.2.9 Amendment, revocation, lapse and expiry 3 1.3 Publication and statutory control 3 1.3.1 Statutory rules and orders 3 1.3.3 Rules Publication Act 1893 4 1.3.4 The modern legislation 4 1.4 Meaning of Statutory Instrument 4 1.4.1 Preliminary 4 1.4.3 Instruments made under the Statutory Instruments Act 1946 or under Acts 5 passed after 1947 1.4.6 Instruments made after 1947 under Acts passed before 1948 5 1.4.7 Powers conferred on Government Departments 6 1.5 Varieties of Statutory Instrument 6 1.5.1 Forms in which instruments are made 6 1.5.2 Orders in Council 6 1.5.3 Orders of Council 6 1.5.4 Regulations, rules and orders 6 1.5.5 Commencement Orders 7 1.5.6 Other types of instrument 7 1.5.7 Divisions and sub-divisions of legislative instruments 7 Table A Legislative instruments; divisions and sub-divisions 8 1.5.8 Local and general instruments 8 1.5.9 Combined exercise of powers 8 1.6 Parliament and Statutory Instruments 8 1.6.1 Parliamentary control 8 Table B Varieties of parliamentary control 9 1.6.5 Special procedure orders 9 1.6.6 Parliamentary committees 9 1.7 Her Majesty’s Stationery Office (HMSO) 10 PART 2 FORM AND CONTENT OF STATUTORY INSTRUMENTS 11 2.1 Preliminary 11 2.2 Headnotes 11 2.2.1 Use of headnotes 11 v 2.2.2 Form of headnotes 11 2.2.3 Procedure relating to headnotes 11 2.3 Headings 12 2.3.1 General 12 2.3.3 Serial numbers 12 2.3.6 Subject headings 13 2.3.10 Inclusion of territorial suffixes in subject headings 13 Table C Use of territorial suffixes in Statutory Instrument headings 14 2.3.11 Titles of statutory instruments 14 2.3.15 Back sheet headings 16 2.3.16 Dates of making, laying and coming into force 16 2.3.19 Table of contents 17 2.4 Preamble and words of enactment 17 2.4.1 Form 17 2.4.3 Enabling powers 17 2.4.6 Transfers of functions 18 2.4.7 Fulfilment of conditions 19 2.4.7 Procedural rules 19 2.5 Citation, commencement and interpretation 19 2.5.2 Citation 19 2.5.4 Commencement 19 2.5.8 Choice of commencement date 20 2.5.11 Common Commencement Dates (CCDs) 21 2.5.14 Good Practice for choosing a commencement date 21 2.5.15 Use of commencement orders 22 2.5.16 Interpretation 22 2.6 Revocation and amendment 22 2.7 References to legislation and Command Papers 23 2.7.4 Explanatory parentheses for references 23 2.7.5 References to amended enactments 23 2.8 References to publications, documents, maps and plans 24 2.8.1 “External” publications 24 2.8.2 Documents, maps and plans 24 2.8.4 International agreements 24 2.9 Miscellaneous points of form 25 2.9.1 Clauses and parts 25 2.9.2 Dates 25 2.9.3 Distinctive type for amendments 25 2.10 Multiple signatures and date of making 25 2.11 Footnotes 25 2.11.1 Preliminary 25 2.11.2 Form of footnotes 26 Table D Footnotes relating to legislative instruments 26 2.11.3 Footnotes relating to Acts and Measures 26 2.11.6 Footnotes relating to subordinate instruments 27 2.11.12 Footnotes to collective titles 28 2.11.13 Footnotes relating to prerogative instruments 28 2.12 Schedules 28 2.13 Explanatory Notes 29 2.13.2 Scope of explanatory notes 29 2.13.6 Instruments increasing fees or charges 30 2.13.7 Explanatory notes for commencement orders 30 2.13.8 Regulatory Impact Assessments 30 2.13.10 Drafting explanatory notes 31 vi 2.14 Notes as to earlier commencement orders 32 2.15 Drafting 33 2.15.1 Scope of this section 33 2.15.2 Need for particularity 33 2.15.4 Modernising drafting 34 2.16 Orders in Council 34 2.16.1 Distinctive practice 34 2.16.3 Preparation of Orders in Council 34 2.16.5 Signature of Orders in Council 35 2.17 Statutory instruments resulting from membership of the European 35 Union 2.17.1 General 35 2.17.2 Scope of section 2 of the Act 35 2.17.3 Titles of instruments 35 2.17.4 Enabling provisions 35 2.17.5 Identification of Community obligations 36 2.17.7 Citation of Community instruments 36 2.17.8 Notification of transposition measures 36 2.18 Regulatory reform orders 37 PART 3 CLASSIFICATION, REGISTRATION, PRINTING, PUBLICATION 38 AND SALE 3.1 Preliminary 38 3.1.1 Scope of this part 38 3.1.2 The SI Template 38 3.1.4 Use of printers proofs/template prints for making 39 3.1.5 Use of authenticated copies 39 3.1.6 The Queen’s Printer of Acts of Parliament 39 3.1.7 The responsible authority 39 3.2 Classification as local or general 40 3.2.1 Distinction between local and general instruments 40 3.2.3 Procedure for classification 40 3.3 Registration 40 3.3.1 Legislative provisions 40 3.3.3 Procedure for registration where the SI has not been produced using the SI 41 template 3.3.7 Procedure for registration where the SI has been produced
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