9
Human rights and equality considerations also must be considered and, like primary legislation, the departmental Committee will have an opportunity to
consider the policy at an early stage. The Executive only becomes involved in a small number of policy papers relating to subordinate rules. These are Rules that
are subject to affirmative or confirmatory resolution which, because of their Assembly procedure, have a higher profile than the majority of rules.
9.6 Detailed guidance on the actions required from policy consideration through the
various legislative stages in the Assembly is contained in: •
Primary Legislation Guidance •
Subordinate Legislation Guidance •
Subordinate Legislation Guidance - Red Book •
Distribution lists for departmental publications and consultation documents
9.7 Guidance on the legislative process is also available from departmental
Legislation Liaison Officers and from the Legislation Progress Unit in Machinery of Government Division in OFMDFM.
9.8 The key stages of the legislative process and approximate associated timescales
are set out in Figure 9.1.
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Figure 9.1 - Timescale for development of primary legislation
Stage Time required Comment
in months A. Scoping
Identification of potential requirement, resourcing, planning
B. Policy development Including impact assessments up to
clearance by Minister C. Policy consultation clearance
1 With Committee and Executive
D. Policy consultation
3 E.
Policy finalisation Including impact assessments and
clearance with Minister F.
Policy clearance 1
With Committee and Executive G. Legislation drafting
4 say Including preparation of instructions
to Office of the Legislative Council H. Legislation clearance
1 With Executive
I. Legislation consultation
3 Including pre-legislative scrutiny
with Committee J.
Legislation finalisation Including clearance with Minister
K. Bill: clearance 1
With Executive L.
Bill: introduction
}
1 Including clearance by the Speaker
M. Bill: second stage and if appropriate Secretary of State
N. Bill: committee stage 3 say
6 week minimum but add time for extension, report print, etc. Can be
extended by a further 2-3 months if it coincides with the Assemblys
summer recess
O. Bill: consideration
stage
}
1 P.
Bill: further consideration stage Q. Bill: final stage
}
2 R. Bill: royal assent
Including clearance by Attorney General 6 weeks from Final Stage
S. Act: operative date Westminster convention is 2
months minimum. Note: the following stages only apply if subordinate legislation is appropriate, in which case
stages T to V can be carried out in advance of the operative date of the Act T.
Subordinate policy development At least SL 1 a letter advising of the
and consultation proposal for a Statutory Regulation
to Committee, but public consultation if required
U. Subordinate policy clearance With Executive if affirmative or
confirmatory procedure V. Subordinate
drafting W. Subordinate making, printing laying
X. Subordinate affirmation if applicable Allow sufficient time between laying
and debate Y.
Subordinate operative date Allow 21 days from laying if
negative procedure Z.
Subordinate confirmation if applicable
51
Putting it into practice and keeping it going
Delivering in partnership with implementers
10.1 As already highlighted in Chapters 4, 5 and 8, it is crucial that implementation
