Resolution
No. (3) of 2024
Approving
the
Terms
of Reference of the
Supreme
Legislation Committee in the Emirate of Dubai[1]
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We,
Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai,
Chairman of the Supreme Legislation Committee in the Emirate of Dubai,
After
perusal of:
Law
No. (32) of 2015 Concerning the Official Gazette of the Government of Dubai;
Law
No. (26) of 2023 Concerning the Executive Council of the Emirate of Dubai;
Law
No. (14) of 2024 Concerning the Supreme Legislation Committee in the Emirate of
Dubai; and
Decree
No. (50) of 2024 Appointing the Chairman of the Supreme Legislation Committee
in the Emirate of Dubai,
Do
hereby issue this Resolution.
Pursuant
to this Resolution, the “Terms of Reference of the Supreme Legislation
Committee in the Emirate of Dubai" attached hereto, inclusive of the
rules, regulations, procedures, and provisions set forth therein, are approved.
The
Secretary General of the Supreme Legislation Committee in the Emirate of Dubai
will issue the resolutions, bylaws, instructions, and guidelines required for
the implementation of the provisions of this Resolution and the Terms of
Reference approved hereunder. This includes prescribing the procedures, templates,
time frames, and controls related to any of the functions assigned to the
General Secretariat of the Supreme Legislation Committee in the Emirate of
Dubai under the above-mentioned Law No. (14) of 2024 and the Terms of Reference
approved under this Resolution.
Any
provision in any other resolution is hereby repealed to the extent that it contradicts
the provisions of this Resolution and the Terms of Reference approved
hereunder.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Maktoum
bin Mohammed bin Rashid Al Maktoum
First Deputy Ruler of Dubai
Chairman of the Supreme Legislation Committee
in the Emirate of Dubai
Issued in Dubai on 7 October 2024
Corresponding
to 4 Rabi al-Thani 1446 A.H.
Terms of
Reference of the
Supreme Legislation
Committee in the Emirate of Dubai
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Section One
Preliminary
Provisions
The
following words and expressions, wherever mentioned in these Terms of
Reference, 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. |
|
Law: |
Law No. (14) of 2024 Concerning the Supreme
Legislation Committee in the Emirate of Dubai. |
|
SLC: |
The Supreme Legislation Committee in the Emirate of
Dubai. |
|
Chairman: |
The chairman of the SLC. |
|
General Secretariat: |
The general secretariat of the SLC. |
|
Secretary General: |
The secretary general of the SLC. |
|
Official Gazette: |
The official gazette of the Government in which the
local Legislation of the Emirate, treaties, notices, and any other legal instruments
are published as mandated pursuant to a resolution of the competent
authorities in the Emirate or by the General Secretariat. |
|
Government Entity: |
Any of the Government departments; public agencies
and corporations; Government councils; public authorities, including the
authorities supervising special development zones and free zones; other
public entities affiliated to the Government; or private entities in charge
of implementing the Legislation in force in the Emirate. |
|
Concerned Entity: |
Any of the Government Entities or non-government
entities whose comments, suggestions, and inputs are solicited. |
|
Legislation: |
This includes the laws, decrees, resolutions,
bylaws, and instructions issued by the competent authorities in the Emirate, which
set forth general, impersonal rules that are binding on those to whom they
apply. |
|
Agreements: |
These include international treaties and
conventions, cooperation agreements, memoranda of understanding, and similar
agreements to which the Emirate is a party; or which the Government or a
Government Entity intends to accede to, ratify, or conclude with an entity
outside of the UAE. |
|
Legislative Compliance: |
The systems and procedures established by the SLC to
ensure effective oversight for the proper implementation of Legislation;
support the development of the Legislation in force in the Emirate; verify
the adequacy of legislative provisions in achieving the desired goals and
objectives of Legislation; and ensure that Government Entities have taken all
the regulatory actions and developed the measures required for the implementation
and enforcement of the Legislation. This is done in a manner that establishes
accountability for the implementation of Legislation, ensures the Legislation
in force carries valid evidentiary value, and minimises instances of
non-compliance and the legal claims arising in relation thereto. |
These
Terms of Reference aim to:
1.
regulate the process of issuing and reviewing Legislation through
clear and effective procedures and methods that align with the Emirate’s
strategic plan;
2.
develop the legislation-making process in the Emirate in accordance
with legislative needs; and adapt to anticipated future developments to ensure
that Legislation achieves its desired objectives;
3.
ensure that provisions of the Legislation are consistent and
integrated with the UAE Constitution, federal legislation, and other local
Legislation in force in the Emirate;
4.
regulate the relationship between the SLC and its General
Secretariat, on the one hand, and Government Entities, federal
government entities, and regional and international entities, concerned with
Legislation and Agreements, on the other; and
5.
ensure optimal implementation of the
Legislation in force in the Emirate, and standardise its proper application to
achieve its desired objectives.
The
work of the SLC and the General Secretariat in the exercise of their functions
relating to local Legislation, federal legislation, Agreements, explanatory
notes on the Legislation in force, legal opinions and advice, Legislative
Compliance, publication of Legislation in the Official Gazette, and legal
translation, will be governed by the roles, requirements, responsibilities, and
procedures stipulated in these Terms of Reference.
Section Two
Draft Local
Legislation
Annual
Legislative Plan
Article (4)
a.
The
General Secretariat will, in coordination with Government
Entities, determine their legislative needs on an annual basis, develop the
Emirate's annual legislative plan, and have it approved by the SLC. The preparation
of the legislative needs, and the development and approval of the annual legislative
plan, must be undertaken in accordance with the rules, procedures, and time
frames prescribed by the relevant resolution of the Secretary General.
b.
The
General
Secretariat and Government Entities must comply with the Emirate's annual
legislative plan approved by the SLC. The General Secretariat may not consider
any legislative proposal falling outside this plan, unless there is exigency or
directives requiring the drafting and issuance of the proposed Legislation.
In
drafting, reviewing, and issuing local Legislation, the General Secretariat
will:
1.
develop
the annual
legislative plan of the Emirate and have it approved by the SLC, in accordance
with the steps, procedures, and time frames approved by the General Secretariat
for this purpose. This plan must include a schedule for drafting and reviewing
the legislation to be issued;
2.
implement, in coordination with the
concerned Government Entities, the approved annual legislative plan of the
Emirate by examining and reviewing the legislative needs identified by these
entities to verify that the proposed actions to address the same meet the
requirements prescribed by the General Secretariat; are consistent with
applicable Legislation; and are aligned with the approved strategic plans and public
policies;
3.
review and develop, in terms of form
and content, the draft legislation proposed by Government Entities; and
standardise its provisions in accordance with the legislative drafting rules,
principles, methodology, and time frames prescribed by the General Secretariat
for this purpose;
4.
solicit suggestions, comments, and inputs
from the parties affected by the proposed draft local legislation, as
determined by the General Secretariat; and review and decide upon the same, in
coordination with the Concerned Entities;
5.
prepare and approve the final
version of draft legislation, submit it to the competent authority for final
approval, and complete the relevant procedures for its publication in the
Official Gazette; and
6.
perform any other duties related to
the drafting, review, and issuance of local Legislation, as assigned to it by
the Chairman upon the recommendation of the Secretary General.
A
Government Entity requesting the issuance of local Legislation must:
1.
provide
the General
Secretariat, within the time frame it prescribes, with the Government Entity’s
annual legislative needs required to enable it to implement its approved
strategic plans and general policies, so that the General Secretariat may include
said needs in the Emirate's annual legislative plan once all relevant
requirements are fulfilled;
2.
meet the requirements for submitting
draft local legislation to the General Secretariat for inclusion in the
approved annual legislative plan, in accordance with the procedures, templates,
and time frames prescribed by the General Secretariat for this purpose;
3.
collaborate with the General
Secretariat and Concerned Entities on reviewing its proposed draft local legislation
to agree on the final version of its provisions;
4.
collaborate with the General
Secretariat on considering the comments and suggestions of the Concerned
Entities; and share input on the same;
5.
approve the final version of the
draft local legislation agreed upon with the General Secretariat and the
Concerned Entities; and
6.
comply with any other obligations
related to local legislation proposals, as assigned to it by the Chairman upon
the recommendation of the Secretary General.
For
the purposes of developing and reviewing draft local legislation, and
subsequent issuance of local Legislation, the Concerned Entities, each within
its own legally vested functions and in accordance with the processes,
procedures, and time frames prescribed by the General Secretariat, will:
1.
provide
comments
and suggestions on the draft local legislation referred to them by the General
Secretariat, giving precedence to the public interest of the Emirate;
2.
respond to the feedback of the
General Secretariat or the Government Entity proposing the draft local legislation
on the comments and suggestions they previously made on the draft legislation's
provisions;
3.
collaborate with the General
Secretariat and the Government Entity proposing the draft local legislation to reach
an agreed-upon final version of the draft local legislation; and
4.
perform any other duties related to
the development and review of draft local legislation, and subsequent issuance
of local Legislation, as assigned to them by the Chairman upon the
recommendation of the Secretary General.
a.
A
Government
Entity proposing draft local legislation must meet the following requirements:
1.
providing the General Secretariat
with a legislative briefing memorandum (the “Legislative Briefing Memo”) on the
proposed draft local legislation, using the template prescribed by the General
Secretariat for this purpose. The Legislative Briefing Memo must include:
a.
a
statement outlining the current status of the issue proposed for legislative
intervention, the challenges arising from the absence of such intervention, the
proposed solutions and options to address those challenges, and the objectives sought
to be achieved by the legislative intervention;
b.
the
legal basis for the proposed draft local legislation;
c.
a
comparative study stating the provisions proposed for amendment, where the
proposed draft local legislation is an amendment to an existing Legislation, and
setting out the proposed superseding provisions. This study must detail the
challenges arising from the implementation of the existing provisions, which necessitate
the proposed amendments;
d.
a
review of the best practices adopted in comparative legislation pertaining to
the subject matter proposed for legislative intervention, if any;
e.
the
results of the legislative impact assessment of the proposed draft local legislation
conducted in accordance with the relevant standards adopted by the General
Secretariat;
f.
approval
from the General Secretariat of the Executive Council confirming that the
proposed draft local legislation appropriately addresses the subject matter and
aligns with the approved strategic plans and public policies;
g.
approval
from the Department of Finance of the projected financial impacts of the
proposed draft local legislation;
h.
the
outcomes of coordination with the Concerned Entities, including their comments,
if any, and the justifications for not reflecting their comments in the
proposed draft local legislation; and
i.
any
other information deemed required by the General Secretariat to enable it to thoroughly
review the draft local legislation proposal.
2.
provide
the General Secretariat with the initial version of the proposed draft local legislation;
and
3.
meet
any other requirements that enable the General Secretariat to effectively
consider the proposed draft local legislation, as determined by a resolution
issued by the Chairman upon the recommendation of the Secretary General.
b.
Where
the
Government Entity proposing the draft local legislation fails to meet the
requirements mentioned in paragraph (a) of this Article, the General
Secretariat may suspend the processing of the proposal and refrain from further
review and drafting of the proposed local legislation until that entity fulfils
all requirements.
Section Three
Draft Federal Legislation
Under
the Law, the General Secretariat is vested with the jurisdiction to represent
the Emirate, the Government, and Government Entities in considering and
reviewing draft federal legislation; to provide opinions thereon in
coordination with the Concerned Entities; and to join the membership of the
committees formed at the federal government level to review draft federal legislation.
For this purpose, the General Secretariat has the authority to:
1.
submit
proposals for introducing new federal legislation or amending
existing federal legislation, inclusive of the necessary studies and
recommendations;
2.
refer the draft federal legislation
received from the competent federal entities to the Concerned Entities for
comments on its provisions, in accordance with the relevant procedures and time
frames prescribed by the General Secretariat;
3.
consider the comments and suggestions
received from the Concerned Entities on draft federal legislation, and consolidate
them into a memorandum featuring the Government’s comments on draft federal
legislation;
4.
provide the competent federal
entities with the Government’s comments and suggestions pertaining to draft federal
legislation; and follow up on the actions taken by those entities in respect of these comments
and suggestions;
5.
form specialised committees and work
teams within the Emirate, as needed, to consider and review draft federal
legislation; and nominate representatives from the Emirate for membership of the
committees and work teams formed by the competent federal entities to consider,
review, and draft federal legislation;
6.
monitor the progress of draft
federal legislation through all stages prescribed under the Constitution, to
verify that the Government's comments, suggestions, and reservations on draft
federal legislation are taken into account;
7.
complete the necessary procedures
for submitting the draft federal legislation to the Ruler, in his capacity as
member of the Federal Supreme Council, for approval; and provide the competent
federal entity with it to obtain the approval of Their Highnesses the other
members of the Federal Supreme Council, in preparation for its final approval
and issuance, in accordance with the procedures adopted by the federal
government for issuing federal legislation;
8.
review the federal legislation
published in the federal official gazette, and state the Government’s position
on any comments and suggestions that were not taken into account, in
coordination with the Concerned Entities;
9.
draft and issue the local
Legislation required for implementing the enacted federal legislation, where required,
including amendments to existing local Legislation, in coordination with the
Concerned Entities; and
10. perform
any other functions related to considering and reviewing draft federal
legislation, as assigned to it by the Chairman upon the recommendation of the
Secretary General.
a.
A
Government
Entity must submit its proposals for issuing new federal legislation or
amending existing federal legislation to the General Secretariat. No Government
Entity may communicate with any federal entity regarding these legislative proposals
except through, and after prior coordination with, the General Secretariat.
b.
The
proposals
referred to in paragraph (a) of this Article will be submitted to the General
Secretariat in accordance with the relevant approved procedures, supported by
the following:
1.
the
initial draft of the proposed
federal legislation or draft amendment, if any;
2. a comprehensive study stating the
justifications for proposing the draft federal legislation or the amendments to
existing federal legislation, the objectives expected to be achieved by issuing
the proposed draft federal legislation or amending the existing federal
legislation, and the challenges that may arise from failure to issue or amend
such legislation;
3. evidence of coordination with the
Concerned Entities relevant to the proposed draft federal legislation or
amendment; and
4. any other information specified and
required by the General Secretariat to enable it to efficiently review the proposal
for the issuance or amendment of federal legislation, and to refer it to the
competent federal entities.
c.
The
General
Secretariat will review the federal legislation issuance or amendment proposals
submitted by Government Entities, along with the relevant supporting documents,
in coordination with the Concerned Entities, as needed. The General Secretariat
will provide opinions on these proposals; and where the merit of such proposals
is established, refer them to the competent federal entities, in accordance
with the relevant procedures adopted by it. Thereupon, the General Secretariat
will follow up on the progress of the federal legislation issuance or amendment
proposals with the competent federal entities.
A
Government Entity whose comments, proposals, and feedback on draft federal
legislation are solicited by the General Secretariat must:
1.
provide
the
General Secretariat with its comments, suggestions, and feedback on the draft
federal legislation referred to it by the General Secretariat, giving
precedence to the public interest of the Emirate;
2.
provide any data or information that
is relevant to the consideration and review of draft federal legislation as
required by the General Secretariat;
3.
not approach federal entities on any
matter related to draft federal legislation or participate in its review and
drafting except through, and after prior coordination with, the General
Secretariat;
4.
provide the General Secretariat with
its comments and suggestions, as well as any data or information it requires,
in accordance with the relevant procedures and in the manner and time frames prescribed
by the General Secretariat; and
5.
fulfil any other obligations related
to the consideration and review of draft federal legislation, as determined by the
relevant resolution of the Chairman upon the recommendation of the Secretary
General.
Section Four
Agreements
Under
the Law, the General Secretariat is vested with jurisdiction over all matters
related to the Agreements to which the Emirate, the Government, or any
Government Entity is a party or an acceding party; or intends to accede to,
ratify, or conclude with parties outside of the UAE. The General Secretariat is
also authorised thereunder to represent the Emirate in all matters related to
the Agreements to which the UAE is a party or an acceding party, or intends to accede to or
ratify. For these purposes, the General Secretariat has the authority to:
1.
consider, review, and provide
opinions on Agreements, in coordination with the Concerned Entities, before
acceding to, signing, or ratifying them; and where necessary, participate in
any negotiations conducted for this purpose, ensuring that the interests of the
Emirate, the Government, and Government Entities are taken into account;
2.
coordinate with the competent
federal entity to request permission for concluding an Agreement, in accordance
with the relevant approved procedures;
3.
coordinate with the competent
authority in the Emirate, the Government, or the concerned Government Entity to
complete the process of executing the Agreement;
4.
maintain copies of the concluded
Agreements in the General Secretariat’s database, and provide the competent
federal entity with a copy thereof;
5.
join the membership of the committees
and work teams formed at the federal government level to consider and negotiate
the Agreements to which the UAE is a party; nominate representatives of the
Emirate for membership of those committees and work teams; and coordinate with
the Concerned Entities to participate alongside representatives of the General
Secretariat in these committees and work teams, where necessary;
6.
form specialised committees and work
teams at the Emirate level to consider and review Agreements, where required;
7.
refer the draft Agreements received
from the competent federal entities to the Concerned Entities for their
comments and feedback on its provisions, in accordance with the relevant
procedures and time frames prescribed by the General Secretariat;
8.
consider the comments and suggestions
received from the Concerned Entities on each draft Agreement, and consolidate
them into a memorandum of the Government’s comments thereon;
9.
provide the competent federal
entities with the memoranda of the Government’s comments and suggestions on the
draft Agreement, and follow up on the actions taken by those entities regarding
these comments and suggestions;
10. complete
the necessary procedures for submitting the draft federal decree ratifying or
approving the Agreement to the Ruler, in his capacity as Member of the Federal
Supreme Council, for approval; and submit it to the competent federal entity to
obtain the approval of Their Highnesses the other Members of the Federal
Supreme Council, in preparation for its final approval and issuance, in
accordance with the procedures adopted for issuing federal legislation;
11. draft
and issue the local Legislation required for implementing the ratified or
approved Agreement, where required,
including amendments to existing local Legislation, in coordination with the
Concerned Entities; and
12. perform
any other duties related to considering and reviewing Agreements, as assigned
to it by the Chairman upon the recommendation of the Secretary General.
a.
A
Government
Entity must submit its request regarding the Agreement it intends to conclude
to the General Secretariat and must not take any action related to the
conclusion of the Agreement except through the General Secretariat, in prior
coordination with it, and after the General Secretariat has performed its
functions under Article (12) of these Terms of Reference.
b.
The
request
referred to in paragraph (a) of this Article will be submitted to the General
Secretariat on the forms and in accordance with the procedures it prescribes
for this purpose, supported by the following:
1.
an
overview of the Agreement, including
its subject matter, purpose, and the anticipated impacts and benefits in the
event of its conclusion;
2. a copy of the draft Agreement,
clearly specifying its parties and their respective roles, as well as its
objectives and scope of application;
3. a statement of any financial or legal
liabilities to be incurred by the Government or the Government Entity as a result
of concluding the Agreement;
4. a study of the impact of the
Agreement on the Legislation in force or on the international treaties and
conventions to which the UAE is a party;
5. all the information related to the
party with whom the Agreement is intended to be concluded;
6. the name of the competent authority
that will execute the Agreement;
7. a list of the Government Entities expected
to affect or be affected by the Agreement; and
8. any other information required by
the General Secretariat for the effective review of the draft Agreement.
A
Government Entity whose comments, suggestions,
and feedback on draft Agreements are solicited by the General Secretariat must:
1.
provide
the General Secretariat with its comments, suggestions, and feedback on the
draft Agreements referred to it by the General Secretariat, using the forms and
following the procedures and time frames prescribed by the General Secretariat;
and
in doing so,
the Government Entity must give precedence to the public interest of the
Emirate;
2.
provide
any data or information that is relevant to the consideration and review of
draft Agreements, as required by the General Secretariat;
3.
not
approach federal entities on any matter related to draft Agreements, participate
in their review and drafting, or join the membership of any committee or work
team formed at the federal government level, except through, and after prior
coordination with, the General Secretariat; and
4.
fulfil
with any other obligations related to the consideration and review of draft
Agreements, as assigned to it by the Chairman upon the recommendation of the
Secretary General.
Section
Five
Interpretation
of Legislation
Under
the Law, the General Secretariat is vested with the jurisdiction to draft and
issue explanatory notes on the local Legislation in force in the Emirate. For
this purpose, the General Secretariat has
the authority to:
1.
examine
the requests received from Government Entities in respect of the interpretation
of the local Legislation in force in the Emirate or any specific provisions
thereof;
2.
examine
the requests and inquiries received from Government Entities in respect of any
potential conflict between the provisions of local Legislation; demonstrate how
to resolve this conflict, where its existence is established; and determine the
prevailing legal provision;
3.
prepare
explanatory notes on the local Legislation in force in the Emirate and the
legal provisions requiring interpretation, resolving any conflicts between
legislative provisions in accordance with the generally accepted principles of
legislative interpretation and other rules, methodologies, and procedures adopted
by the General Secretariat in this respect;
4.
solicit
the opinions of Concerned Entities, where required, on the draft explanatory
notes prepared by the General Secretariat on the Legislation in force, prior to
their approval and issuance;
5.
approve
and issue explanatory notes on the local Legislation or the legal provisions
requiring interpretation; and publish the same in the Official Gazette; and
6.
perform
any other duties related to explanatory notes on the local Legislation in force
in the Emirate, as assigned to it by the Chairman upon the recommendation of
the Secretary General.
a.
A
Government Entity requesting the interpretation of the local Legislation in
force in the Emirate or any legal provisions thereof, or requesting the
determination of the prevailing legal provisions in the event of conflict, must
submit its request to the General Secretariat, using the forms and following the
procedures prescribed by the General Secretariat for this purpose. This request
must include the following:
1.
a
clear and accurate identification of the local Legislation or legal provisions requiring
interpretation, or the conflicting legal provisions requiring determination;
2. the justifications and facts related
to the requested legislative interpretation;
3.
the
challenges faced
by the Government Entity due to ambiguity in the Legislation or legal
provisions requiring interpretation, or conflicting legal provisions; and
4.
any
other information required by the General Secretariat for the effective
consideration of the request and issuing the requested explanatory note.
b.
The
explanatory notes issued by the General Secretariat will be binding on the
requesting Government Entity and other Government Entities. These entities must
comply with the content of the explanatory note and take the action required
for its implementation.
Section Six
Legal Advice and
Opinion
Under
the Law, the General Secretariat is vested with the jurisdiction to provide
legal opinions and issue legal advice memoranda concerning the inquiries
presented to it by Government Entities. For this purpose, the General
Secretariat has the authority to:
1.
consider
the requests
received from Government Entities concerning the cases and inquiries for which
they seek legal opinions or advice;
2.
prepare
draft legal opinion and legal advice memoranda on the cases and inquiries
received from Government Entities, to the extent of the facts,
documents, and records made available to it, and in accordance with the
Legislation in force in the Emirate, applying the principles, methodologies,
forms, and guidelines adopted by the General Secretariat in this respect;
3.
solicit
the feedback of the Concerned Entities, where necessary, on the draft legal
opinions or legal advice memoranda prepared by the General Secretariat prior to
their approval;
4.
approve
legal opinion and legal advice memoranda; send them to the requesting
Government Entity; and circulate and publish their content in the manner and
through the means it deems appropriate, with a view to enhancing legal
awareness and disseminating knowledge; and
5.
perform
any other functions related to the consideration and review of requests for
provision of legal opinion and issuance of legal advice, as assigned to it by
the Chairman upon the recommendation of the Secretary General.
a.
In
requesting a legal opinion or advice on a case or inquiry from the General
Secretariat, a Government Entity must use the forms and follow the procedures
prescribed by the General Secretariat for this purpose. This request must
include the following:
1.
a
clear and accurate description of the case or inquiry for which the legal
opinion or advice is requested;
2.
a
statement of the facts related to the case or inquiry for which the legal
opinion or advice is requested, supported by the documents substantiating those
facts;
3.
a
declaration stating whether the case or inquiry, the subject matter of the
request, is pending before any competent court or tribunal within or outside of
the Emirate, a Government committee responsible for considering violations or
grievances, or any other Government Entity; and whether it has previously been
determined by such courts, entities, or committees; and
4.
any
other information required by the General Secretariat for the effective
consideration of the request and the issuance of the requested legal opinion or
advice.
b.
The
General Secretariat may decline to provide a requested legal opinion or advice
if the requesting Government Entity fails to provide the required data and
information, as stipulated in paragraph (a) of this Article.
c.
Legal
opinions and advice issued by the General Secretariat will be binding on the
requesting Government Entity and other Government Entities to the extent of the
facts presented therein. These entities must take the actions required for
implementing these legal opinions and advice.
Section Seven
Legislative
Compliance
Under
the Law, the General Secretariat is vested with the jurisdiction over all
matters related to Legislative Compliance, with the aim of ensuring that the
local Legislation in force in the Emirate achieves its intended objectives. For
this purpose, the General Secretariat has the authority to:
1.
develop
and approve
the standards, tools, stages, forms, time frames, and procedures related to
Legislative Compliance;
2.
verify
that
Government Entities take the necessary actions and measures to implement the
Legislation they are assigned to enforce;
3.
monitor
the implementation of Legislation by Government Entities and assess its post
implementation impact in coordination with the Concerned Entities, to ensure that
the Legislation achieves its intended objectives, in accordance with the
principles, rules, procedures, and guidelines approved by the General
Secretariat in this respect;
4.
prepare
Legislative
Compliance reports containing the General Secretariat’s findings and
recommendations on the level of Government Entities’ compliance with the
Legislation in force; and share these reports with the relevant entities to
address these findings and monitor the actions taken by these entities in
respect thereof;
5.
review
and analyse the Legislative Compliance self-assessment reports prepared by the legal
affairs units of Government Entities and prescribe the actions to be taken in
respect thereof;
6.
conduct
field visits to Government Entities subject to Legislative Compliance to assess
the regulatory and operational frameworks adopted in implementing the
Legislation in force in the Emirate;
7.
measure
the extent of Government Entities’ compliance with the Legislation in force in
the Emirate against the relevant indicators approved at the Government level;
8.
identify
deficiencies, challenges, and gaps encountered by Government Entities in their
implementation of the Legislation in force in the Emirate, in coordination with
the concerned Government Entities; propose appropriate solutions to address
them; and submit these to the SLC to give the relevant directives as it deems
appropriate;
9.
prepare
periodic reports on the extent of Government Entities’ compliance with the
Legislation in force in the Emirate; and submit these reports to the SLC for
consideration, in preparation for their submission to the Chairman to issue the
relevant directives as he deems appropriate; and
10. perform any other duties
related to Legislative Compliance, as assigned to it by the Chairman upon the
recommendation of the Secretary General.
All
Government Entities subject to Legislative Compliance must fully cooperate with
the General Secretariat to enable it to exercise its duties and powers under
the Law and these Terms of Reference. In particular, a Government Entity must:
1.
take
all actions and measures required to implement the Legislation under its
mandate, including drafting and issuing, in coordination with the General
Secretariat, the implementing resolutions it is required under the primary Legislation
to prepare and get issued;
2.
conduct
self-assessment of its Legislative Compliance in respect of all the Legislation
under its mandate, in accordance with the relevant rules adopted by the General
Secretariat; and submit a copy of the relevant self-assessment reports to the
General Secretariat;
3.
measure
and assess the effectiveness of its applicable Legislation in achieving its
intended objectives; and determine whether it should continue to be implemented
or propose its amendment or the enactment of superseding Legislation, in
coordination with the Concerned Entities;
4.
respond
to the findings of the General Secretariat stated in its Legislative Compliance
reports, and take the necessary actions and measures to address them;
5.
fully
cooperate with the General Secretariat and its competent employees, and provide
it with the data and information it requires, in accordance with the
procedures, time frames, forms, and deadlines it prescribes; and
6.
perform
any other duties related to Legislative Compliance, as assigned to it by the
Chairman upon the recommendation of the Secretary General.
Section Eight
Publication
and Translation
a.
Subject
to the provisions of above-mentioned Law No. (32) of 2015, the following
procedures will apply when a Government Entity requests publication in the
Official Gazette of any Legislation approved by its competent issuing authority:
1. The Government Entity will submit to the General Secretariat
the draft legislation or instrument for publication in the Official Gazette, on
the forms and in accordance with the procedures prescribed by the General
Secretariat for this purpose.
2. The General Secretariat will consider and review,
in terms of form and substance, the draft legislation or document required to
be published in the Official Gazette to verify its consistency with the
Legislation in force in the Emirate; make any necessary amendments thereto; and
refer it to the requesting Government Entity and, where required, to any other
concerned Government Entities, for comments and feedback.
3. The General Secretariat will prepare the final version of the draft
legislation or instrument requested to be published in the Official Gazette,
and will send it to the requesting Government Entity for approval, whereupon it
will be published in the Official Gazette in accordance with the applicable procedures
adopted by the General Secretariat.
b.
The
General Secretariat may approve detailed procedures for the publication of
Legislation in the Official Gazette, or improve and develop the procedures
referred to in paragraph (a) of this Article pursuant to the relevant
resolutions approved by the Secretary General.
a.
The
following procedures will apply to a Government Entity’s request for the
General Secretariat to provide the English translation of Legislation:
1. The requesting Government Entity will specify the Legislation to
be translated and submit the translation request on the forms and in accordance
with the procedures prescribed by the General Secretariat for this purpose. The
requesting Government Entity may send its preliminary translation of the Legislation.
2. The General Secretariat will prepare the preliminary legal
translation draft of the requested Legislation. It may refer this draft to the
requesting Government Entity, and to the concerned Government Entities where necessary,
for feedback on the translation prior to its final approval.
3. The General Secretariat will prepare and approve the final
version of the legal translation of the Legislation, and send it to the
requesting Government Entity and any other entity as it deems appropriate. The
General Secretariat may also publish the legal translation of the Legislation
in the Official Gazette, or through any other means and in the manner it deems
appropriate in this respect.
b.
The
General Secretariat may adopt detailed procedures for the legal translation of
Legislation, or improve and develop the procedures referred to in paragraph (a)
of this Article, pursuant to the resolutions approved by the Secretary General
for this purpose.
©2025 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.