Scrutiny of Acts and Regulations Committee
Report on the Statute Law (Further Revision) Bill
March 2006
Terms of Reference
Parliamentary Committees
Act 2003
The functions of the Scrutiny of Acts and Regulations Committee
are -
(a) to consider any Bill introduced into the Council or
the Assembly and to report to the Parliament as to whether the Bill directly
or indirectly-
(i) trespasses unduly upon rights or freedoms;
(ii) makes rights, freedoms or obligations dependent upon
insufficiently defined administrative powers;
(iii) makes rights, freedoms or obligations dependent
upon non-reviewable administrative decisions;
(iv) unduly requires or authorises acts or practices that
may have an adverse effect on personal privacy within the meaning of
the Information Privacy Act 2000;
(v) unduly requires or authorises acts or practices that
may have an adverse effect on privacy of health information within the
meaning of the Health Records Act 2001;
(vi) inappropriately delegates legislative power;
(vii) insufficiently subjects the exercise of legislative
power to parliamentary scrutiny;
(b) to consider any Bill introduced into the Council or
the Assembly and to report to the Parliament -
(i) as to whether the Bill directly or indirectly repeals,
alters or varies section 85 of the Constitution Act 1975, or raises
an issue as to the jurisdiction of the Supreme Court;
(ii) if a Bill repeals, alters or varies section 85 of
the Constitution Act 1975, whether this is in all the circumstances
appropriate and desirable;
(iii) if a Bill does not repeal, alter or vary section
85 of the Constitution Act 1975, but where an issue is raised as to
the jurisdiction of the Supreme Court, as to the full implications of
that issue;
(c) to consider any Act that was not considered under paragraph
(a) or (b) within 30 days immediately after the first appointment of members
of the current Committee and to report to the Parliament with respect
to that Act on any matter referred to in those paragraphs;
(d) the functions conferred on the Committee by the Subordinate
Legislation Act 1994;
(e) the functions conferred on the Committee by the Environment
Protection Act 1970;
(f) the functions conferred on the Committee by the Co-operative
Schemes (Administrative Actions) Act 2001;
(g) to review any Act in accordance with the terms of reference
under which the Act is referred to the Committee under this Act.
Scrutiny
of Acts and Regulations Committee
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