Citation | SI 1979/1573 |
---|---|
Territorial extent | Northern Ireland |
Dates | |
Made | 3rd December 1979 |
Commencement | 3rd January 1980 |
Status: Current legislation | |
Text of the Statutory Rules (Northern Ireland) Order 1979 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Statutory Rules (Northern Ireland) Order 1979 (No. 1573 (N.I. 12)) is an order in Council for Northern Ireland of the United Kingdom Parliament which governs the making of statutory rules. [1]
The Order repeals the Statutory Rules Act (Northern Ireland) 1958, replacing all references to it in existing legislation with references to the Order.
The Statutory Instruments Act 1946 provides a similar function for statutory instruments under the Acts of the Parliament of the United Kingdom. Previously the Statutory Instruments Act 1946 provided a similar for Welsh statutory instruments (until 2020) and Scottish statutory instruments (until 2011).
The act defines statutory rules as "orders, rules, regulations or byelaws" if the power is conferred by: [1]
Draft statutory rules may be published. [1]
An examiner considers all statutory rules and releases an annual report. [2]
The individual committees of the Northern Ireland Assembly consider statutory rules for their individual departments. [3]
Statutory rules are required to be laid before the Assembly to come into force. [1]
Statutory rules may be revoked by statutory rule, Order in Council for Northern Ireland, by an act of Parliament, and by an act of the Assembly. [1]
Originally the order stated that statutory rules are to be published by the Government Printer known today as the King's Printer. [1] In the modern era, this means that they are available on legislation.gov.uk. [4]
The legislatures of the United Kingdom are derived from a number of different sources. The Parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
In the United Kingdom, the boundary commissions are non-departmental public bodies responsible for determining the boundaries of parliamentary constituencies for elections to the House of Commons. There are four boundary commissions: one each for England, Scotland, Wales and Northern Ireland.
Article 2 and Article 3 of the Constitution of Ireland were adopted with the Constitution of Ireland as a whole on 29 December 1937, but revised completely by means of the Nineteenth Amendment which became effective 2 December 1999. As amended, they grant the right to be "part of the Irish Nation" to all those people born on the island of Ireland; the articles also express a desire for the peaceful political unification of the island subject to the consent of the people of Northern Ireland and Republic of Ireland. Before 1999, Articles 2 and 3 made the claim that the whole island formed one "national territory".
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
In law, coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. 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 King-in-Council.
An act of the Northern Ireland Assembly is primary legislation made by the Northern Ireland Assembly. The power to create acts was conferred to the Parliament by section 5 of the Northern Ireland Act 1998 following the successful 1998 referendum on the Good Friday Agreement.
The Interpretation Act 1978 is an act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", Acts of the Scottish Parliament and instruments made thereunder, and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
In many countries, a statutory instrument is a form of delegated legislation.
The statutory rules of Northern Ireland are the principal form in which delegated legislation is made in Northern Ireland.
The Interpretation Act 1954 is an act of the Parliament of Northern Ireland. The Act makes provision for the interpretation of Acts of the Parliament of Northern Ireland. The Act is known as a "Interpretation Act".
The Statutory Instruments Act 1946 is an Act of the United Kingdom Parliament which governs the making of statutory instruments.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
A Welsh statutory instrument is subordinate legislation made by the Welsh Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Welsh statutory instrument. WSIs are the main form of subordinate legislation in Wales, being used by default to exercise powers delegated to the Scottish Ministers, the Counsel General, and the King-in-Council.