The process of creating laws in Guernsey follows a structured pathway that involves several key steps and safeguards to ensure clarity, accountability, and legal accuracy.
The legislative process in Guernsey usually starts with a proposition to direct the drafting of a Projet de Loi which will then presented to the States and once passed it becomes a Loi (Law).
Starting the process
Proposals and policy letters
Legislation usually begins with a Proposition and a Policy Letter from the relevant States Committee. These documents set out the proposal and the reasons behind it. The legislative proposal is then included in a Billet d’État, which is the official agenda of a States meeting.
Debate and drafting
The proposal is debated by the States of Deliberation, and if approved, it moves forward to the drafting stage. At this point, further discussions may take place between the drafters and the relevant Committee.
Once a draft is ready, now known as a Projet de Loi, it is reviewed by the Legislation Review Panel. This panel checks that the draft law accurately reflects what the States agreed and is legally sound.
Approval and Royal Assent
The final draft is then included in a Billet and returned to the States for formal approval. Legislation is usually given priority on the Order Paper. Once passed by the States, Royal Assent is granted through the Office of the Lieutenant Governor.
After Royal Assent, the law is registered by the Royal Court. The law may specify when it will come into force, or a separate Ordinance may set the commencement date.
Secondary legislation (Ordinances)
Ordinances follow a similar path through the States but do not require Royal Assent. They are used for matters that do not affect taxation or alter existing customary or enacted law.
Statutory instruments
Statutory Instruments are created by various States Committees under powers given to them by primary legislation. These instruments are laid before the States, which retains the authority to annul them if necessary.
This step-by-step process ensures that all legislation in Guernsey is carefully considered, properly reviewed, and democratically approved.