The Committee on Delegated Legislation is established pursuant to the provisions of S.O. No 210.

Whenever a statutory instrument is submitted to the Assembly pursuant the Constitution, any law or these Standing Orders, the statutory instrument shall, unless a contrary intention appears in the relevant legislation, be laid before the Assembly by the Chair of the relevant Departmental Committee, or any other member and shall thereafter stand referred to the Committee on Delegated Legislation.

The Committee shall consider in respect of any statutory instrument whether it-

• is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written law;
• infringes on fundamental rights and freedoms of the public;
• contains a matter which in the opinion of the Committee should more properly be dealt with in an Act  of Parliament;
• contains imposition of taxation;
• directly or indirectly bars the jurisdiction of the Courts;
• gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
• involves expenditure from the Consolidated Fund or other public revenues;
• is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation;
• appears to make some unusual or unexpected use of the powers conferred by the Constitution  or the Act pursuant  to which it is made;
• appears to have had unjustifiable delay in its publication or laying before Parliament;
• makes rights , liberties or obligations unduly dependent upon non-reviewable decisions;
• makes rights , liberties or obligations unduly dependent upon insufficiently defined administrative powers;
• inappropriately delegates legislative powers;
• imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
• appears for any reason to infringe on the rule of law;
• inadequately subjects the exercise of legislative power to parliamentary scrutiny; and,
• accords to any other reason that the Committee considers fit to examine.

(4) If the Committee-

• resolves that the statutory instrument, be acceded to, the Clerk shall convey that resolution to the relevant state department or the authority that published the statutory instrument.
• does not accede to the statutory instrument, the Committee may recommend to the House that the Assembly resolves that all or any part of the statutory instrument be annulled and if the instrument -
• is not made under a legislation concerning counties and a resolution is passed by the Assembly within twenty days on which it next sits after the instrument laid before it under paragraph (2), that all or part of the statutory instrument be annulled, the instrument or part thereof shall henceforth stand annulled and ;
• is made under a legislation concerning counties, the Clerk shall, within seven days of the resolution transmit a message to the Senate.

(5) The Clerk shall submit the resolution under paragraph (4)(b)(i) to the relevant state department or the authority that published the statutory instrument.

(6) In this standing order, “statutory instrument” means any rule, order, regulation, direction, form, tariff of costs or fees, letter patent, commission, warrant, proclamation, by-law, resolution, guideline or other instrument issued, made or established in the execution of a power conferred by or under an act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorised to be issued”

Concurrence of Senate’s Resolution on Statutory Instruments

Whenever the Assembly receives a message from the Senate seeking concurrence to a resolution of the Senate, that a statutory instrument or part of a statutory instrument be annulled, the Senate resolution shall stand referred to the Committee on Delegated Legislation which shall consider the resolution, together with the statutory instrument and report to the Assembly within twenty one days of the referral;

Paragraph (3) of Standing Order 210 (Committee on Delegated Legislation) shall, with necessary modifications, apply to the consideration of the resolution under paragraph (1);

If the Assembly-

• agrees with the resolution of the Senate, the Clerk shall, by way of a message, inform the Clerk of the Senate and the relevant state department or the authority that published the statutory instrument, that Parliament has annulled the statutory instrument or part thereof and the instrument or part thereof shall, henceforth be void, but without prejudice to the validity of anything previously done there under, or the making of any new delegated legislation.
• fails to agree with the Senate resolution, the resolution shall be referred to a mediation committee and Standing Order 149(Mediation Committee) shall, with necessary modifications, apply.