3 Preconditions and tests for LROs
9. The relevant tests for a legislative reform
order (LRO) made pursuant to section 1 of the LRRA are set out
in that Act. In addition, our standing orders require us to consider
whether LROs give rise to issues under the criteria for consideration
of statutory instruments in Standing Order No. 151 (such as whether
the draft Order purports to have retrospective effect) and whether
the draft Order purports to make an inappropriate use of delegated
legislation.
10. In the present case, we do not believe
that any issues arise under Standing Order No. 151, nor that there
are any issues of proportionality or constitutional significance.
The term "constitutional significance" in the LRRA refers
to matters of national constitutional rather than corporate constitutional
significance. Therefore in this report we address only other criteria.
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