Executive
Council Resolution No. (12) of 2014
Approving
the Terms of Reference of the
Supreme
Legislation Committee in the Emirate of Dubai[1]
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We, Hamdan bin Mohammed bin
Rashid Al Maktoum, Crown Prince of Dubai,
Chairman of the Executive Council,
After
perusal of:
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;
Decree
No. (23) of 2014 Establishing the Supreme Legislation Committee in the Emirate
of Dubai; and
Executive
Council Resolution No. (26) of 2009 Establishing the Sectoral Committees of the
Executive Council and its amendments,
Do hereby issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The Emirate
of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The Government
of Dubai. |
|
Executive
Council: |
The Executive
Council of the Emirate of Dubai. |
|
LAD: |
The
Government of Dubai Legal Affairs Department. |
|
Government
Entities: |
Government
departments, authorities, and public corporations, including free zone
authorities, Government councils, and committees in the Emirate. |
|
Sectoral
Committee: |
Any of
the sectoral committees of the Executive Council established pursuant to the
above-mentioned Executive Council Resolution No. (26) of 2009. |
|
SLC: |
The
Supreme Legislation Committee in the Emirate of Dubai established pursuant to
the above-mentioned Decree No. (23) of 2014. |
|
Chairman: |
The
chairman of the SLC. |
|
General
Secretariat: |
The
general secretariat of the SLC. |
|
Secretary
General: |
The secretary
general of the SLC. |
|
Legislation: |
This includes laws, decrees, resolutions, regulations,
bylaws, instructions, and regulatory orders issued by the Government and Government
Entities. |
This Resolution aims to:
1. regulate the process of issuing and
revising Legislation by adopting clear and effective procedures and methods in
accordance with the Government strategic plan;
2. develop the legislative process of the
Government in accordance with its approved strategic plans, and improve and
enhance the quality and efficiency of Legislation;
3. ensure the consistency and integration
of Legislation with the Constitution, federal legislation, and the local Legislation
in force in the Emirate;
4. regulate the
relationship between Government Entities in the Emirate and federal, regional, and
international entities, in the area of legislation and international treaties
and conventions; and
5. establish effective communication
between the Government and Government Entities in the area of legislation and
international treaties and conventions.
a. The SLC will be formed of at least
seven (7) experienced and specialised members, including the Chairman, vice chairman,
and Secretary General. The SLC members will be appointed and their remuneration
will be determined pursuant to a resolution issued by the Chairman of the
Executive Council. The term of membership in the SLC will be three (3) years,
renewable for the same period.
b. The SLC will be convened at the
invitation of the Chairman, or the vice chairman where the Chairman is absent, at
least twice a month or where necessary, at the time and place determined by the
chair of the meeting.
c. The SLC meetings will be valid if
attended by the majority of its members provided that the Chairman or vice chairman
is in attendance.
d. The SLC will issue its resolutions and
recommendations by majority vote of attending members, and in the event of a
tie, the chair of the meeting will have a casting vote.
e. SLC resolutions and recommendations
will be recorded in minutes of meetings signed by the chair of the meeting and
attending members.
f.
The
SLC rapporteur will send the invitations required to attend its meetings to SLC
members, experts and consultants from Government Entities, and other persons required
to attend the meetings. The rapporteur will draft the agenda and minutes of
meetings of the SLC, follow up implementation of its resolutions and
recommendations, and perform any duties assigned by the Chairman.
g. In the course of performing the SLC
functions stipulated in this Resolution, the SLC may, as it deems appropriate,
seek the assistance of experts and specialists, but they will have no vote in its deliberations.
h.
The
SLC may form permanent or temporary sub-committees or
work teams to assist in performing its duties. The resolutions forming these
sub-committees or work teams must determine their members, duties, and term.
The
SLC rapporteur will prepare the SLC agenda and submit it to the Chairman for
approval. Upon approval of the agenda by the Chairman, the rapporteur will
communicate it to SLC members at least two (2) working days prior to the date
of meeting.
Minutes
of SLC meetings will include all recommendations and resolutions issued by it. The
SLC rapporteur must send these minutes to the Chairman and members for their comments
on the same. Minutes of meetings will be deemed final if neither the Chairman nor
any SLC member submits an objection to, or a request to correct, the minutes
within one (1) week from the date of receiving the same. A copy of the approved
minutes of meeting will be deposited with the General Secretariat.
a. The SLC will have exclusive
jurisdiction in the Emirate over all matters related to Legislation and
international treaties and conventions, and will exclusively represent the
Government and Government Entities with respect to federal legislation and international
treaties and conventions. For these purposes, the SLC may, as it deems
appropriate, seek the assistance of representatives from Government Entities, experts,
or specialists to perform or participate in performing these duties.
b. To achieve the objectives of this
Resolution, the SLC will have the duties and powers to:
1. discuss and approve the general policy
for the legislation sector, and the SLC strategic plan which aims to regulate its
work and enable it to achieve its objectives, submit these to the Executive
Council for final approval, and follow up their implementation;
2. review the plans and programmes required for the implementation of the general legislative policy and strategic objectives of the Emirate;
3. consider and revise, in terms of form and content, all draft regulatory Legislation proposed by the Government and by Government Entities, ensure they do not contradict the Legislation in force, ensure that legislative provisions are simple, applicable, and aligned with the strategic plan of the Emirate, provide relevant opinion and advice, and prepare or approve draft Legislation;
12. participate in the Sectoral Committees;
16. maintain the original copies of all Legislation issued by the Ruler;
19. perform any other duties related to the work of the SLC assigned by the Ruler or the Chairman of the Executive Council.
c. The SLC may delegate any of its powers stipulated in this Resolution to sub-committees, technical committees, or work teams formed by the SLC.
a.
When a Government Entity proposes issuing Legislation, the following
procedures must apply:
1. The Government Entity prepares a
preliminary study which includes a comprehensive policy for all matters and
issues in respect of which the Government Entity proposes issuing the Legislation.
The study must be prepared in accordance with the relevant forms and standards
approved by the SLC and must contain the main elements and substantive
provisions related to the draft Legislation.
2. The Government Entity presents
the policy to the SLC to consider and assess it in coordination with the representative
of the concerned Sectoral Committee, in order to admit and initially approve the
policy, or make any comments on the same.
3. Upon initial approval of the
policy, the Government Entity prepares and drafts the approved policy in the
form of Legislation, and submits the draft Legislation together with the
approved policy and all relevant documents to the SLC within no later than two
(2) weeks from the date of the initial approval.
4. The SLC considers the draft Legislation,
including all suggestions and provisions, from a technical perspective, makes
any amendments it deems appropriate in consultation and coordination with the
Government Entity that has submitted it, and ensures that the draft Legislation
does not contradict the legislation and legal principles in force in the UAE
and that it meets legal drafting standards.
5. The SLC refers the draft Legislation
to concerned Government Entities to provide their comments within a period
prescribed by the SLC. These Government Entities must cooperate with the SLC to
reach an agreement on a draft of the Legislation.
6. Upon approval by the SLC of the
final draft of the Legislation, it refers it to the concerned Sectoral
Committee for consideration, and then takes the actions required for the final approval
and issuance of the Legislation by the competent authority.
b.
The SLC may approve detailed procedures regarding local draft Legislation
or modify the procedures mentioned in paragraph (a) of this Article pursuant to
resolutions and instructions issued by the SLC.
c.
The SLC may specify the types of Legislation that require compliance
with the procedures stipulated in paragraph (a) of this Article, and may
regulate the procedures related to the same.
a.
When a Government Entity submits a draft Legislation to the SLC in
accordance with Article (7) of this Resolution, the Government Entity must
provide the following on the relevant forms approved by the SLC:
1. a copy of initial approval by the
SLC which approves the policy submitted by the Government Entity and authorises
the preparation of the relevant draft Legislation;
2. a memorandum indicating the
grounds for preparing the draft Legislation;
3. in the event of amending Legislation,
a comparative study indicating the proposed amendments to the current
provisions of the Legislation and the issues that have resulted from these
provisions which require making necessary amendments or adding new provisions
to avoid future issues;
4. a study of the best practices related
to the draft Legislation from a comparative law perspective;
5. evidence that the draft Legislation
has been reviewed by and in coordination with the relevant Government Entities,
and statement of the comments on the draft Legislation by these Government
Entities, and the reasons for not adopting these comments where applicable; and
6. any other data specified and
deemed required by the SLC to enable it to efficiently review draft Legislation.
b. Where a Government Entity fails
to meet the requirements mentioned in paragraph (a) of this Article, the SLC
may suspend consideration of the draft Legislation until the Government Entity meets
any unfulfilled requirements.
a.
When the SLC receives a draft federal legislation from a federal
government entity:
1. The SLC refers the draft federal
legislation to the concerned Government Entities, including the concerned Sectoral
Committee, to provide their comments on the relevant forms approved by the SLC.
These Government Entities must cooperate with the SLC and provide it with their
comments within the period prescribed by the SLC.
2. The SLC considers the comments
received from Government Entities, records them in its approved forms, and responds
to the federal government entity with the Government’s comments on the draft
federal legislation.
3. The SLC nominates one of its
members to serve as a member to the competent federal government committee responsible
for reviewing draft federal legislation.
4. The General Secretariat follows
up all stages of the draft federal legislation stipulated by the Constitution
to ensure that Government comments on draft legislation are taken into account.
b.
The SLC may approve detailed procedures regarding federal draft
legislation or modify the procedures mentioned in paragraph (a) of this Article
pursuant to resolutions and instructions issued by the SLC.
a.
When the SLC receives an international treaty or convention from a Government
Entity or a competent federal government authority, the following will apply:
1. Where the international treaty or
convention is approved by the competent federal government authority, the
General Secretariat will complete the procedures required for submitting the
draft federal decree ratifying or approving the international treaty or
convention to the Ruler for approval, and will provide the concerned Government
Entities with a copy of the international treaty or convention to act in
pursuance of, and comply with, its provisions.
2. Where the international treaty or
convention is submitted to the Government by the competent federal government
authority for review and comments, the same procedures stipulated in Article
(9) of this Resolution as well as any other procedures deemed appropriate by
the SLC will apply to the international treaty or convention.
b.
The SLC may approve detailed procedures for considering international
treaties and conventions or modify the procedures mentioned in paragraph (a) of
this Article pursuant to resolutions and instructions issued by the SLC.
All
Government Entities must fully cooperate with the SLC and provide it with all
documents, data, information, statistics, and studies required by the SLC and
deemed necessary for the performance of its duties.
The SLC
will submit periodic reports to the Chairman of the Executive Council on the outcomes
of its work, activities, and accomplishments, the
obstacles encountered by it, and the solutions and proposals recommended by the
SLC.
The
Chairman and SLC members must seek to achieve the objectives of the SLC and
serve the public interest of the Government.
The
Chairman will have the duties and powers to:
1.
preside over and manage meetings in a manner that ensures effective contribution of members through providing their
opinions, suggestions, and recommendations on matters referred to them;
2.
supervise performance by SLC members of their duties, and establish
effective communication between the SLC members and concerned parties outside
the SLC;
3.
assign to SLC members any work within the scope of performing the duties
of the SLC;
4.
set the SLC performance indicators in agreement with the Executive
Council, and follow up the SLC performance appraisal;
5.
submit periodic reports to the Chairman of the Executive Council on the
SLC activities and work outcomes;
6.
send invitations to attend ordinary and extraordinary meetings, and
approve meeting agendas; and
7.
perform any other duties assigned by the Chairman of the Executive Council.
An SLC
member must:
1.
not be absent from meetings without prior permission or valid reason;
2.
efficiently participate in considering the recommendations, suggestions,
initiatives, plans, policies, and strategies referred to the SLC, and discuss
and provide impartial and unbiased opinions on all matters referred to the SLC;
3.
submit periodic reports to the Chairman on any duties assigned by the
Chairman;
4.
efficiently participate in SLC meetings through providing the data and
necessary support needed by the SLC based on his experience; and
5.
perform any other duties assigned by the Chairman or the Chairman of the
Executive Council.
The vice chairman will perform
the duties and exercise the powers of the Chairman where his post falls vacant
or he is absent for any reason.
a.
Each SLC member must attend SLC meetings and efficiently participate in
considering the matters listed in their agendas. Based on valid reasons, an SLC
member may send his apologies in writing to the Chairman for not being able to attend
any SLC meeting.
b.
Where an SLC member fails to attend more than three (3) consecutive
meetings without a valid reason, or is absent for five (5) non-consecutive
meetings within a year, the Chairman may submit a report on the case to the
Chairman of the Executive Council to make the appropriate decision against that
member.
a.
The SLC will have a General Secretariat which provides technical and
administrative support services to enable the SLC to perform its duties and exercise
its powers, and provides the information, data, and studies required by the
SLC.
b.
The Secretary General will be appointed pursuant to a resolution issued
by the Chairman of the Executive Council, and will have the duties and powers
assigned to him by the Chairman of the Executive Council or pursuant to the
resolutions and instructions issued by the SLC.
c.
The Secretary General will be a member and rapporteur of the SLC.
d.
The Secretary General will supervise the work of the General Secretariat
employees. The SLC will determine the functions and organisational structure of
the General Secretariat, and will issue the bylaws and regulations organising
the administrative, financial, and technical work, including the employment
regulations.
e.
The General Secretariat will have an administrative and technical body
of employees appointed by the Chairman. The above-mentioned Government of Dubai
Human Resources Management Law will apply to the General Secretariat employees
until the employment regulations referred to in paragraph (d) of this Article are
approved.
a. The
Chairman and SLC members, including General Secretariat employees, must not,
during or after their term of membership in the SLC, disclose or divulge any
written or verbal information which is confidential in nature or pursuant to Legislation
in force, unless they obtain a prior relevant permission from the competent
authority. They must not, in particular:
1. copy,
retrieve, transfer, or disclose any information, facts, or documents to which
they have access in the course of their duties;
2. use
the information to which they have access in the course of their duties for
unauthorised purposes;
3. misuse
the information they obtain as a result of their membership in the SLC or work with
the General Secretariat; or
4. allow
any unauthorised person to access information or documents related to their
work.
b. Upon
forfeiture, termination, or expiry of membership of the Chairman or an SLC member,
he must return all documents, papers, files, materials, tapes, discs, software,
or any other SLC property in his possession, whether or not these include
confidential information.
c. For
purposes of implementation of this Article, the Chairman, SLC members,
Secretary General, and technical and administrative body of employees must sign
the confidentiality and non-disclosure undertaking approved by the SLC.
The financial resources of the SLC will consist of:
1. the support allocated to the SLC in
the general budget of the Emirate; and
2. any other resources approved by the Chairman
of the Executive Council.
a.
During the period specified in Article (4) of the above-mentioned Decree No. (23) of 2014, the LAD must process,
revise, and prepare all draft legislation referred to it by the effective date
of the above-mentioned Decree, including all matters that fall within the
jurisdiction of the SLC. The LAD must transfer all draft legislation, at their
current state, and all matters that fall within the jurisdiction of the SLC,
before expiry of the period prescribed in the above-mentioned Decree.
b.
The SLC may,
as it deems appropriate, transfer to the employment of the General Secretariat
any legal or administrative employees of the LAD, and these employees will
retain their existing rights. The LAD must transfer the employees specified by
the SLC to enable it to perform its duties.
a. Government Entities must provide the SLC with all their regulatory Legislation in force, no later than three (3) months from the date on which this Resolution comes into force.
b. Government Entities must provide the SLC with all regulatory Legislation they issue, no later than one (1) month from the date on which such Legislation comes into force.
c. The SLC may publish regulatory Legislation, as it deems appropriate, in the Government Official Gazette.
Any
provision in any other resolution will be repealed to the extent that it
contradicts the provisions of this Resolution.
The
Chairman will issue the resolutions and instructions required for the
implementation of the provisions of this Resolution.
This
Resolution comes into force on the day on which it is issued, and will be
published in the Official Gazette.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown
Prince of Dubai
Chairman
of the Executive Council
Issued in Dubai on 30 June 2014
Corresponding to 2 Ramadan 1435 A.H.
© 2014 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.