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It will be observed that the definition of what constitutes a statutory rule for the purpose of the system of official publication under section 3 rests not only on the terms of section 4 but also on the Regulations to be made under sub-section 3 (4). Regulations were made in 1894 by the Treasury with the concurrence of the Lord Chancellor and the Speaker of the House of Commons [1] In effect they bring within the scope of section 3 every exercise of a statutory power by a rule-making authority which is of a legislative and not an executive character," provided that such exercise is direct and immediate and is not merely confirmatory. The word "rule" therefore may, for the purpose of section 3 , include an order or a regulation or any kind of document of a legislative character issued by a rulemaking authority under statutory power.
Contents of Volume.—The present volume , compiled in agreement with the terms of the Act and the Treasury Regulations, contains, with one exception, no orders, rules or regulations made otherwise than under the specific authority of a statute. The exception is that the Editor has been authorised to add an Appendix containing prerogative Orders in Council, Letters. Patent, &c., relating to the constitutions of Overseas Dominions, to colonial currency, and to appeals to the Judicial Committee.
In obedience to the Treasury Regulations this volume does not contain—
(1) Temporary rules which have ceased to be in force by the time the volume is published: (these are recorded in the list which forms Table B at the end of the volume);
(2) Local rules:
(a classified list of these is printed at the end of the volume, the distinction between public and local rules following in the main that between public and local Acts of Parliament);
(3) Rules not made by, but merely confirmed by, a rulemaking authority:
(for example bye-laws made by a railway company —which is not a rule-making authority-and confirmed by the Minister of Transport, or statutes made by a college or university- which again are not rule-making authorities-and confirmed by the Privy Council);
(4) Rules which it is determined are confidential:
(5) Rules of which the publication is considered unnecessary by reason of their annual or other periodical renewal: (for example , education codes).
Among other classes of subordinate or delegated legislation which lie outside the scope of the system of publication instituted
- ↑ (a) See S.R. & O. 1894 (No. 734), p. 415.