Tuesday, May 25, 2010

What is the process of making a statutory instrument?

Thanks.
Answer:
It's fairly straightforward. The governing legislation is first passed by parliament. The Government Minister named by the Act can then make Statutory Instruments from time to time as required.

Say, for example, the Act says you can only hunt various wild mammals and birds if you have the appropriate licence. Over time, the fees charged for the licences will need to be adjusted for inflation. The closed seasons for hunting will also need to be lengthened or shortened for conservation purposes.

It would be too much bother for Parliament to pass a new Bill every time small changes like the above needed to be made. Instead, the Act allows the Minister to make certain small changes on his/her own initiative. This is called delegated legislation and it's done by means of a Statutory Instrument. Generally, the Minister's officials and legal advisers will draw it up and the Minister signs it. The final decision is, of course, the Minister's.

The above is the position in Ireland, anyway. It's essentially the same in the UK and Commonwealth countries.

Wikipedia will give you more information.
parliament needs to pass a law

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