Legislator · Canton of Basel-Stadt — Cantonal Legislation
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151.210 PublV CH-BS

Ordinance on the Act on Publications in the Official Gazette and on the Systematic Compilation of Laws of the Canton of Basel-Stadt (Publikationsverordnung, PublV) - Publication (PublV)

16 Articles / Provisions · Canton of Basel-Stadt — Cantonal Legislation
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Table of Provisions (16)

Statutory Text (16 Provisions)

Official Gazette

1. The publication in the Cantonal Gazette is carried out pursuant to § 2 paragraph 1 of the Publication Act and in accordance with the federal, cantonal, and municipal regulations in the special decrees.

2. The State Chancellery is responsible for issuing the Cantonal Gazette.

Official Gazette

1. Public authorities and private entities that submit texts (reports) intended for publication are referred to as reporting offices.

2. Reporting offices are

a) the organizational units of the canton and the municipalities;

b) legal entities of cantonal and municipal public law that fulfill a public function;

c) private entities, insofar as they are entrusted by the canton or municipalities with the fulfillment of public functions or are obligated to publish due to legal provisions.

3. Reporting offices may also be public authorities of other cantons or of the federal government.

4. The reporting offices are responsible for the substantive and formal accuracy of the reports.

Official Gazette

1. The Cantonal Gazette is published in electronic form. The State Chancellery announces the website on which the Cantonal Gazette is published.

2. The decisive version is the published notification in PDF format with an electronic signature.

3. The publication of legal texts in the Cantonal Gazette is carried out in an electronic annex. This is also published in PDF format with an electronic signature and is the authoritative version.

4. The notifications are accessible using a search function.

5. Upon request and payment of a fee, a printed edition can be obtained from the State Chancellery. The printed edition includes the official notifications and references to the published legal texts.

Official Gazette

1. Plans and graphic representations shall not be published in the Cantonal Gazette. They are considered published when they are accessible on the internet, specifically in the register of public-law restrictions on property ownership, or available for inspection at the competent authority. The Cantonal Gazette shall make reference to the publication of plans and graphic representations.

2. If a legislative enactment or contract refers to regulations that are not published in a legally prescribed form, such as information sheets, association standards, and similar documents, these are considered published when they are available for inspection at the competent authority or accessible on the internet, and this is noted in the enactment or in a footnote to the relevant enactment.

Official Gazette

1. The State Chancellery ensures that the texts published in the Official Gazette

a) actually originate from the reporting offices responsible for the announcements and

b) are not modified without authorization or unintentionally after publication.

2. It takes the necessary technical and organizational measures to this end.

3. All data necessary to restore the originally published texts are retained from the texts published in the Official Gazette (closed data). The closed data are kept separate from publicly accessible communication networks in a secure location.

4. If the State Chancellery identifies a discrepancy between the closed data and the published text, it promptly adjusts the published text to align with the closed data. The adjustment is marked.

Official Gazette

1. Reporting offices shall limit the duration of access to reports containing personal data.

2. Access via search function to reports containing personal data is permissible until the purpose of the publication has been fulfilled.

3. If the purpose of the publication is not fulfilled at a specific time, access to reports containing personal data is to be restricted to three months. In justified cases, a longer access duration may be provided.

4. The duration of access to reports published both in the Cantonal Gazette and in the Swiss Official Gazette of Commerce (SHAB) is determined according to Article 11, paragraphs 2 and 3 of the Ordinance on the Swiss Official Gazette of Commerce (Ordinance SHAB, VSHAB) dated February 15, 2006.

Official Gazette

1. Fees shall be charged by the registration offices for the publication of notices in the cantonal gazette, unless excluded by special statutory regulation.

2. The registration offices may impose the publication fees on natural and legal persons of private and public law who caused the notice.

3. The publication fees amount to CHF 15 per notice.

Official Gazette

1. For a fee of CHF 6, the two issues of the previous week's Official Gazette of the Canton can be obtained in printed form from the State Chancellery.

Compilation of Laws

1. The collection of laws is published in electronic form.

2. It includes the Chronological Collection of Laws, the Systematic Collection of Laws, and Municipal Law.

3. The Department of Justice and Security is responsible for maintaining the collection of laws.

4. It initiates the repeal of obsolete or moot legislative acts in accordance with § 8 paragraph 2 of the Publications Act.

Compilation of Laws

1. The Chronological Compendium of Laws is a chronologically updated collection of legislative enactments and treaties published in the Canton Gazette.

2. The Chronological Compendium of Laws particularly includes

a) Cantonal constitution, laws, ordinances, resolutions, regulations, by-laws, and other legislative enactments;

b) Concordats and other treaties with legislative content or of significant public interest.

3. Inclusion in the Chronological Compendium of Laws occurs upon the entry into force of the law.

4. Resolutions regarding the commencement, approval and warranty resolutions, notifications about the unused expiry of the referendum period, as well as validation resolutions, are also included in the Chronological Compendium of Laws. Inclusion follows the publication in the Canton Gazette.

Compilation of Laws

1. The Systematic Collection of Laws is a consolidated and subject-organized collection of the laws published in the Cantonal Gazette and the Chronological Collection of Laws. It is continuously updated.

2. For the inclusion of new legislative enactments and treaties, as well as for their amendments or repeals, the decisive factor is the date of their entry into force.

Compilation of Laws

1. The Cantonal Gazette, the Official Collection of Laws, as well as the publications pursuant to Article 18 of the Federal Act on the Compilations of Federal Legislation and the Federal Gazette (Publication Act, PublA) of June 18, 2004, can be viewed at the State Chancellery.

Examination of Decrees

1. The Department of Justice and Security reviews draft decrees intended for publication from an editorial and legislative technical perspective before any resolutions are passed. It issues the necessary guidelines for this purpose.

2. The review is generally carried out within 14 days. Confirmation is provided upon delivery of the draft decree ready for publication.

3. If a resolution by the government council is required, the review must be initiated before the item is scheduled for discussion.

Examination of Decrees

1. The Department of Justice and Security reviews complex and cross-departmental draft legislation before decision-making from a legal perspective.

2. This review is generally conducted within 30 days and must be initiated before it is scheduled for discussion in the government council. Confirmation is provided with the delivery of the form.

3. If there are discrepancies between the specialist department and the Department of Justice and Security, the Department of Justice and Security transparently presents the reason for its reservation to the government council in the confirmation form of the completed review.

4. A legal review can also be conducted upon request.

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