RE: [legalcitem] Looking for feedback on types of administrative documents

["Tabone, Catherine" <Catherine.Tabone@nationalarchives.gsi.gov.uk>]

Hi Chet,

 

Sorry it's taken me a little while to reply.

 

It's a little confusing as legislation in the UK/EU can have the title Regulations (http://www.legislation.gov.uk/uksi/2014/1261/made ),  Orders (http://www.legislation.gov.uk/uksi/2014/1274/made) , Rules (http://www.legislation.gov.uk/uksi/2014/1239/made) and Directives (http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1400689795814&uri=CELEX:32014L0001) but these documents fall into the Legislation category rather than Administrative document category.

 

However, we do have some documents that are not legislation that might be worth including in the Administrative Document Category, listed below for consideration:

 

·         Ministerial Orders  - These documents look very similar to legislation but are not technically legislation (although they could in some ways be treated as legislation). They usually relate to a Government Department exercising a power given to them by a piece of legislation, e.g. there will be an item of legislation that says the Secretary of State for … can issue an order prescribing the date/area for …. . The Ministerial Order is the resulting specification, you can see some examples at http://www.legislation.gov.uk/ukmo

·         Rules (that are not legislation) e.g. Immigration Rules https://www.gov.uk/government/collections/immigration-rules#immigration-rules-parts-1-14

·         Schemes, e.g. Pension or compensation schemes set at a national level (these can also look very similar to legislation although they aren't) , e.g. Army pensions https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208256/NavalandMarinePensionsArmedForcesPensionScheme1975andAttributableBenefitsSchemeOrder.pdf

·         Codes of Practice  e.g. Code of Practice for Police Procedures https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/306654/2013_PACE_Code_A.pdf

·         Official Gazette Notices – We publish an Official Gazette which contains official legal notices (some required by law), which can include Bankruptcy/Corporate Insolvency/Wills/Probate notices and many other official notifications https://www.thegazette.co.uk/ .

·         There are a lot of documents that are closely associated with legislation that are not legislation, I'm not sure if these count as Administrative or Legislation/Parliamentary documents but listed below any way for consideration:

o   Explanatory Notes/Memoranda – These are official documents that accompany legislation to provide some explanation to its purpose and are usually prepared by the government department that has responsibility for the related policy area, you can see an example at http://www.legislation.gov.uk/ukpga/2014/11/notes

o   Impact Assessments – These are documents that are created to assess the impact (financial and otherwise) of legislation e.g. http://www.legislation.gov.uk/ukia/2014/142/pdfs/ukia_20140142_en.pdf

o   Correction Slips – This is a formal statement of a correction to a piece of legislation e.g.  http://www.legislation.gov.uk/uksi/2012/767/pdfs/uksics_20120767_en.pdf

o   Consultations – Formal consultation documents relating to proposed legislation.

o   Tables of Origin/Destination, these are official documents produced by the relevant departments that explain how provisions in existing acts have been converted to new provisions in legislation that replaces them – you can see some examples at  http://www.legislation.gov.uk/ukpga/2006/46/resources .

 

Kind regards,

Catherine

 

 

Catherine Tabone

 

Data Manager

Legislation Services

The National Archives, Kew, Richmond, Surrey TW9 4DU

+44 (0)20 8392 5330 ext. 2233
catherine.tabone@nationalarchives.gsi.gov.uk

www.legislation.gov.uk | www.nationalarchives.gov.uk

 

 

 

 

From: legalcitem@lists.oasis-open.org [mailto:legalcitem@lists.oasis-open.org] On Behalf Of Chet Ensign
Sent: 12 May 2014 21:52
To: legalcitem@lists.oasis-open.org
Subject: [legalcitem] Looking for feedback on types of administrative documents

 

Members of the Legal Citations TC, 

 

This request is specifically to those of you who are familiar with legal jurisdictions and practices other than the U.S. 

 

The Executive/Administrative subcommittee has pulled together a list of typical document types that might be cited and that we should characterize. I have put an informal description with each. 

 

If you know of other types of content that could fall under the executive / regulatory / administrative banner and that isn’t on this list, would you please send me a note. If you have some examples to point to, that would help enormously as well. 

 

Note that we have left court-type proceedings handled by regulatory agencies off our list, assuming that these ought to fall under the court subcommittee. 

 

Thanks in advance for any feedback you have for us. 

 

Content types: 

 

• Prescriptive (that is, having some force of law): 

• Proposed regulations (i.e. regulations first posted in some official publication for comment and review.) 
• Final regulations (i.e. regulations that have been finally published in some codified form and have taken effect.) 
• Orders (i.e. directives coming from an executive or administrative that impose some obligations on the recipients)
• Directives (i.e. more general instructions to a broad, possibly more fuzzy, set of constitutients. Orders may cover both? )

• Non-prescriptive (important but not something one would / could enforce):

• Official notices 
• Minutes / transcripts (e.g. of committee hearings)
• Reports / findings (i.e. reports commissioned by a legislature as part of the process of developing legislation) 
• Proclamations
• Presidential memoranda (i.e. general informative documents) 
• Signing statements (i.e. unique to the U.S.? A written pronouncement by the U.S. president on signing legislation generally giving notice on how the administration intends to interpret or enforce the law it has signed) 
• Letters & interpretations (i.e. letters from a regulatory agency providing specific guidance to a party affected by its rules)
• Budgets
• Patents and trademarks
• Required filings (generally by parties outside the government such as corporate financial filings)

 

--

/chet 
----------------
Chet Ensign
Director of Standards Development and TC Administration 
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