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{
    "id": 426522,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/426522/?format=api",
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    "content": "made. Under Section 11(4) of the Act, if a copy of a statutory instrument that is required to be laid before the House is not so laid within seven sitting days after its publication, the statutory instrument ceases to have effect immediately after the last day for it to be so laid. Under Section 12 of the Act, every statutory instrument tabled stands referred to the Committee on Delegated Legislation. Section 13 of the Act sets out principles which the Committee should be guided by in carrying out the scrutiny of the statutory instruments. Section 16 requires the Committee, in so far as it is practically possible, to confer with the regulation-making authority for which the statutory instrument has been made before tabling the Report to the House for their information and modification where necessary. It is at this stage that the Committee shares with the regulation-making authority its desired modification to the regulations, if any. Upon completion of the scrutiny, Section 15 of the Act requires the Committee to make a report to the House containing only a resolution that the statutory instruments that stand permanently referred to the Committee be revoked. Emphasis here is on “be revoked”. Under Section 17 of the Act, the Committee shall state in its Report the overall objectives of the statutory instrument, the identity of the portion of the statutory instrument in relation to which the report has been made, and an indication of the manner in which it offends the criteria set out in Section 10 of the Act and the recommendations thereof. Under Section 18 of the Act, when a report on a statutory instrument has been tabled in the House, the statutory instrument shall be deemed to be annulled if the House passes a resolution to that effect. Under Section 19 of the Act, where the House has adopted a report or resolution that a statutory instrument be revoked, the instrument shall stand revoked and the regulation-making authority shall publish the revocation within 14 days. Hon. Members, it is apparent that Part IV of the Statutory Instruments Act, 2013 does not contemplate the full involvement of the House in the regulation-making process. As such, the House is not required to approve or make any amendments to the statutory instrument. Rather, the House is only required to annul the whole or any part of the statutory instrument that the House is not happy with. In making the annulment of the whole or any part of the regulation, the House is required to give its reasons, which will guide the regulation-making authority in formulating new provisions to replace the ones annulled by the House. Indeed, a reading of Sections 15, 18 and 19 of the Act clearly shows contemplation of annulling resolution by the House. There is no contemplation of amending or approving resolution. The committee report to the House must, therefore, comply with this statutory requirement. This is in consonance with Article 94, Clause 6, of our own Constitution, which requires Parliament, in delegating any legislative authority, to specify the purpose and objectives for which the authority is delegated, the limits of that authority, the nature and scope of the law to be made and the principles and standards applicable to the law made under the authority. Parliament does not, therefore, only come in to check the procedural existence of that power and not the exercise of the power itself. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}