172.16 RSVOLÉGOSL

CH-ZH

Ordinance on Statutory Instruments (OSI) (RSV)

19 Articles / Provisions · Switzerland · Canton of Zurich

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Table of Provisions (19)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 7a Art. 8 Art. 9 Art. 10 Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18. This Ordinance shall enter into force on 1 January 2001. : Ordinance on the Enactment of Legislation (RSV)

Statutory Text (19 Articles)

Art. 1 : Ordinance on Statutory Instruments (OSI) Open official source

4 1 This Ordinance regulates the legislative service, the drafting committee, and the preliminary procedure for cantonal law-making and its purpose.

2 The legislative service and the drafting committee promote the quality and uniformity of cantonal law-making.

Art. 2: Statutory Instruments Ordinance (SIO) Open official source

**Scope of application**

The Ordinance applies to the directorates, the State Chancellery, and the non-independent cantonal institutions (administrative units) of particular importance.

Art. 3: Regulation on Legislative Drafting (RLD) Open official source

A legal change is of particular significance if it has substantial financial, economic, or social impacts, or if it requires special coordination with other areas of the legal system, and if the legislator has a relatively considerable scope for design.

Art. 4: Legislative Ordinance (LO) Open official source

The Government Council issues guidelines for legislation. Guidelines

II. Legislative Service and Editorial Commission

Art. 5 : Ordinance on the Enactment of Federal Legislation (RSV) Open official source

3 The Directorate of Justice and Home Affairs conducts the Legal Organization Service.

a. Legal Service

Art. 6: Statutory Instruments Ordinance (SIO) Open official source

3 1 The Editorial Commission shall be composed of the State Scribe or the

Deputy State Scribe and three other members elected by the Governing b. Editorial Commission

Council.

2 The State Scribe shall chair the Commission. He or she may be represented

by the Deputy State Scribe.

1.10.23-122

172.16 Legal Drafting Ordinance (LDO)

Tasks

Art. 7: Statutory Ordinance on Rulemaking (RSV) Open official source

3 1 The Legislative Service advises the lead administrative units on the drafting of new or amending legal instruments. It maintains a list of constitutional and statutory amendments pending in the Cantonal Council.

2 The Editorial Commission advises the Government Council on general questions of legislation.

3 The Legislative Service and the Editorial Commission examine all draft legal instruments before submission to the Government Council from a legal and legislative-technical perspective, particularly with regard to

a. clarity and comprehensibility,

b. linguistic and formal correctness,

c. systematic structure,

d. conformity with higher-ranking law,

e. effects on the existing legal order.

Art. 7a: Legislative Decree (LD) Open official source

**2 The responsible Directorate submits the draft to the Legislative Service**

1 The Directorate responsible for submitting the application shall forward the draft enactment to the Legislative Service in good time for examination.

2 The Legislative Service shall examine the draft and the responsible Directorate shall revise it.

3 The Legislative Service shall submit the revised draft, together with its opinion, to the Editorial Committee.

Art. 8: Ordinance on the Promulgation of Laws (OPL) Open official source

3 1 The Drafting Committee deliberates on the draft at a meeting. The Chair may forgo a meeting.

2 Three members of the Drafting Committee participate in a meeting.

3 A representative of the Legislative Services and the competent Directorate participate with an advisory vote.

Procedure

a. Legislative

Services

b. Drafting

Committee

III. The Lawmaking Procedure²

Legal Amendments

of Particular Scope

1. Qualification

and Planning

2. Concept

Art. 9: Legislative Ordinance (LO) Open official source

1 The lead administrative unit determines whether a new enactment or an amendment to an enactment is of particular significance.

2 Legislative projects of particular significance are included as projects in the Consolidated Development and Financial Plan.

Art. 10: Legislative Decree (RSV) Open official source

1 For legislative projects of particular significance, the lead

administrative unit shall prepare a concept.

Legislation Ordinance (RSV)

172.16

2 The concept describes the problem, its causes, the objectives of

the legislative project, and the proposed solution.

3 The concept also contains information on the timeline of the

legislative project.

4 If various solutions are possible, the concept shall present

alternatives.

Art. 11: Ordinance on Legislation (OL) Open official source

**3. Decision**

The Government Council adopts the concept and instructs the lead administrative unit to draft a decree.

Art. 12: Ordinance on the Enactment of Legislation (RSV) Open official source

4 1 Affected authorities, associations, corporations, and other organ- Consultation

izations are given the opportunity to comment on a draft enactment.

2 A consultation is conducted in particular when

a. it concerns a legal amendment of particular significance,

b. municipal autonomy is affected,

c. corporations, authorities, associations, or other organizations

are substantially affected in their interests, or

d. the enactment is to a significant extent implemented outside the

cantonal administration.

3 If municipal autonomy is affected, all municipalities are given the

opportunity to comment.

1. Purpose

Art. 13: Statutory Ordinance (SO) Open official source

1 The Government Council opens the consultation on legal changes of particular importance. The remaining consultations and procedures are opened by the competent Directorate or the State Chancellery.

2 The consultation is conducted by the competent Directorate or the State Chancellery. It may entrust an office with this task.

3 The procedure is generally in writing. If there are special reasons, it may be conducted wholly or partially confidentially.

Art. 14: Enactment Ordinance (EO) Open official source

The consultation period is generally three months. 3. Deadline

In urgent cases, shorter deadlines may be set.

Art. 15: Ordinance on the Enactment of Legislation (RSV) Open official source

1 The authority responsible for the opening determines who shall be heard.

2 In the event of legal changes of particular scope, as a rule, the municipalities, the parties represented in the Cantonal Council, and the cantonal organizations responsible for the subject matter shall be heard.

3 4. Hearing Participants

5. Compilation of the Result and Accessibility

Internal Administrative Co-Report

1.10.23 - 122

172.16

Ordinance on Legislation (OL)

Art. 16: Ordinance on Legislative Drafting (OLD) Open official source

1 The competent administrative office compiles the consultation result.

2 The consultation result is presented in summary in the directive and in the considerations of the Government Council.

3 The consultation documents and the statements are not subject to official secrecy and can be inspected at the competent Directorate.

Art. 17: Enactment Ordinance (EO) Open official source

With the opening of the consultation, as a rule,

the Directorates and the State Chancellery are invited to provide a co-report.

Entry into force

IV. Final Provision

Art. 18. This Ordinance shall enter into force on 1 January 2001. : Ordinance on the Enactment of Legislation (RSV) Open official source

1 OS 56, 391.

2 Inserted by RRB of July 13, 2022 (OS 77, 422; ABI 2022-07-22). In force

since November 1, 2022.

3 Version according to RRB of July 13, 2022 (OS 77, 422; ABI 2022-07-22). In force

since November 1, 2022.

4 Version according to RRB of May 31, 2023 (OS 78, 305; ABI 2023-06-09). In force

since September 1, 2023.

Ordinance on Statutory Instruments (OSI) (RSV)

Table of Provisions (19)

Statutory Text (19 Articles)

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