Section 41: Laying of rules and certain notifications

Section 41 sets out the process for parliamentary oversight of the rules and specific notifications created under the Act. Whenever a new rule is made, or a notification is issued under section 16 or section 42, it must be presented before both Houses of Parliament as soon as possible.\n\nThe rule or notification must remain before Parliament for a total period of thirty days while it is in session. This thirty-day period can happen during a single session or stretch across two or more successive sessions.\n\nDuring this time, both Houses of Parliament have the power to review the document. If both Houses agree to modify it, the rule or notification will only take effect in that modified form. If both Houses agree that it should not be issued at all, it becomes void. However, if Parliament changes or cancels a rule, this does not undo or invalidate any actions that were already taken under that rule before Parliament made its decision.

Key points

• Every rule and specific notifications under section 16 and section 42 must be laid before both Houses of Parliament.
• The documents must remain before Parliament for a total period of thirty days while in session.
• Both Houses can agree to modify the rule or notification, or agree that it should not be made.
• Any modification or annulment by Parliament does not invalidate anything previously done under that rule or notification.

Common misreadings

• People might think that if Parliament cancels a rule, all past actions taken under that rule become illegal, but the text explicitly states that cancellation is without prejudice to the validity of anything previously done.