Procedure Notes for Council of Ministers Papers - Isle of Man ...

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Part 5 - Procedure for the Promotion of Government Legislation In 2008 the Attorney General's Chambers produced the following guidelines:- Isle of Man Legislation Explained http://recordsmann/sites/AG/IntranetContent/Isle%20of%20Man%20Legislation %20Explained%20(Blue%20Book)%20(1st%20Edition,%20September%202008) .pdf Guidance Notes on Drafting Secondary Legislation http://recordsmann/sites/AG/IntranetContent/A%20guide%20to%20drafting%2 0secondary%20legislation%20(Green%20Book)%20(2nd%20Edition,%20Septe mber%202009).pdf and New Acts of Tynwald http://recordsmann/sites/AG/IntranetContent/A%20Guide%20to%20Instructing %20the%20Drafter%20-%202nd%20Edition%20September%2009.pdf which will provide further guidance and advice. These documents are available on the Intranet or from the Attorney General's Chambers. The Preparation, Promotion and Submission of Bills to Council of Ministers Flowchart illustrating procedure Before issuing drafting instructions Paper (accompanied by an Impact Assessment http://rheynnfys/Government/Legislation/default.aspx) must be submitted by sponsoring body to Council to obtain approval to proceed (see Section 5.1) Council considers CSO advises relevant Department of Council decision Consultation to take place in line with Code of Consultation http://www.gov.im/lib/docs/cso/consultations/code_of_practice_on_consultation_200.pdf 23
Bill referred to Senior Legislative Drafter for drafting When final draft agreed Paper submitted to Council for agreement of introduction into the Branches Council considers CSO advises of Council decision and Bill is taken forward by sponsoring body The preparation, promotion and submission of Bills to Council of Ministers 5.1 NO drafting instructions for a new Bill can be issued without the authority of the Council of Ministers. All proposals by Departments, Statutory Boards, Offices or the Attorney General for new primary legislation shall be referred to the Council of Ministers for consideration. An initial paper accompanied by an Impact Assessment Form, accessed through the Intranet http://rheynnfys/Government/Legislation/default.aspx, must be submitted by the Department, Statutory Board or Office for approval by the Council of Ministers to formulate the drafting of any proposed Bill detailing: (a) (b) (c) (d) full supporting information on the purpose of the Bill together with a reasoned explanation as to why there is a need for primary legislation; an indication as to what alternatives have been considered to the introduction of the primary legislation and why those alternatives have been rejected; a thorough assessment of the likely resource implications of the introduction of the Bill. Should any resource implications be identified, Treasury concurrence is required prior to the Bill being drafted; a structured timetable from initial drafting to introduction into the Branches that has been agreed with the Legislative Drafting Division of the Attorney General’s Chambers; 24
Page 1 and 2: Procedure Notes for the Submission
Page 3 and 4: Submission of documents to be laid
Page 6 and 7: Part 1 - Council of Ministers Routi
Page 8 and 9: Statements, should be submitted for
Page 10 and 11: Part 2 - Procedures for the Submiss
Page 12 and 13: Paper to the Council of Ministers t
Page 14 and 15: Supplementary Tynwald Order Paper 2
Page 16 and 17: Part 3 - Council of Ministers Instr
Page 18 and 19: Other Documents for public informat
Page 20 and 21: 3.18 Original documents should be s
Page 22 and 23: Part 4 - Procedure for Dealing with
Page 26 and 27: (e) if the proposed legislation wil
Page 28 and 29: (b) (c) (d) (e) arranging any publi
Page 30 and 31: Tynwald considers Report Department
Page 32 and 33: approved Tynwald intends that the R
Page 34 and 35: Part 7 - Procedure for Sub-Committe
Page 36 and 37: Part 9 Tynwald Decisions Report Gui
Page 38 and 39: Time Flow 9.4 The Chief Secretary
Page 40 and 41: APPENDICES 39
Page 42 and 43: APPENDIX 2 Template for Council of
Page 44 and 45: APPENDIX 3 Checklist for Department
Page 46 and 47: APPENDIX 5 Template for Council of
Page 49 and 50: APPENDIX 7 Explanatory Memorandum t
Page 52 and 53: APPENDIX 9 Checklist - Subordinate
Page 54 and 55: APPENDIX 10 Prices for Statutory Do
Page 56: NOTES 55

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