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Report No. 60

12.2. Various questions concerning subordinate legislation.-

Various questions have occupied the attention of academic writers and of the judiciary in regard to delegated legislation. Of these questions, the following are relevant with reference to the General Clauses Act:-

(a) Various forms of statutory instruments and questions of nomenclature-

(i) rules1 of general application;

(ii) orders (usually issued by the Government on particular matters);

(iii) by-laws (usually applicable to limited local areas);

(iv) schemes (usually containing elaborated provisions);

(v) forms;

(vi) notifications.

A convenient name covering all these, would be obviously desirable, and we are suggesting the expression "statutory instrument2".

1. Rules generally to carry out the purposes are dealt with in Utah Construction, 39 ALJR and in Jacob, 40 ALJR 300.

2. See recommendation relating to the expression "Statutory instrument" in Chapter 3.

(b) Procedure for making subordinate legislation-

(i) Antecedent publicity;

(ii) Consultation;

(iii) Subsequent publication.

(c) Control of Parliament over statutory instruments-Laying before Parliament1.

1. No provision at present.

(d) Construction of statutory instruments-

(i) Construction1

(ii) Power to issue rules etc. to include power to add etc.2;

(iii) Construction of provision in the parent Act for publication3;

1. Section 20.

2. Section 21.

3. Section 23.

(e) Inter-relationship between the parent Act and the statutory instrument

(i) Making of rules etc. between passing and commencement1 of the parent Act;

(ii) Continuation of orders etc. under a repealed law2.

We are mentioning these topics here, to show the importance of the subject.

1. Section 22.

2. Section 24.

Law not standardised as to safeguards

General Clauses Act, 1897 Back

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