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Royal Kaharagian Gazette

Official Public Record of State

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Sovereign Decree Establishing General Regulations and Subordinate Instruments of Kaharagia, and Determining Their Issuance, Legal Effect, and Administration

Decree establishing General Regulations as subordinate instruments of State, appointing the Royal Chancellery as their sole issuing authority, providing for recommendations by the Secretariat of State and other competent authorities, and determining their legal effect, administration, enforcement, amendment, and publication.

Article I — Establishment of General Regulations

1. There is hereby established a class of subordinate instrument to be known as a General Regulation.

2. A General Regulation may prescribe administrative, procedural, organisational, or technical requirements within the authority under which it is issued.

3. A General Regulation may apply:

(a) throughout the institutions of the Nation and State;

(b) within one or more specified institutions;

(c) to officers, officials, servants, and persons acting on behalf of the State;

(d) to applicants, petitioners, participants in State programmes, and recipients of State services; or

(e) to other persons where such application is authorised by law.

4. A General Regulation shall possess binding legal effect according to its terms but shall remain subordinate to Sovereign Decrees.

5. A General Regulation is not a Sovereign Decree, Code, or other instrument of primary law.

Article II — Authority of the Sovereign

1. All authority exercised under this Decree derives from the Sovereign.

2. The Sovereign may at any time:

(a) issue an instrument personally;

(b) direct that an instrument be prepared or issued;

(c) approve, alter, suspend, disapply, or revoke an instrument;

(d) reserve a matter for personal determination;

(e) decline or vary a recommendation; or

(f) resume any authority conferred by this Decree.

3. Nothing in this Decree shall limit or qualify the authority of the Sovereign.

Article III — Issuing Authority

1. The Royal Chancellery is hereby appointed the sole formal issuing authority for General Regulations.

2. Every General Regulation shall be issued, authenticated, numbered, registered, and published by the Royal Chancellery.

3. No other institution or organ may issue an instrument purporting to be a General Regulation.

4. Paragraph 3 shall not prevent an institution or organ from issuing lawful internal rules, standing orders, instructions, manuals, or guidance that do not possess the status of a General Regulation.

Article IV — Regulations Initiated by the Royal Chancellery

1. The Royal Chancellery may initiate and issue a General Regulation where the subject principally concerns:

(a) the official administration of the Sovereign;

(b) the form and presentation of State instruments;

(c) official drafting, language, terminology, dates, times, and measurements;

(d) official documents, paper sizes, envelopes, and formats;

(e) authentication, certification, and the use of the Great Seal;

(f) the Royal Kaharagian Gazette and KáhaLex;

(g) the registration, numbering, and classification of State instruments;

(h) official records and archives;

(i) electronic documents and official publication; or

(j) common administrative standards applying across the institutions of Kaharagia.

2. The Royal Chancellery may also regulate any matter entrusted to it by the Sovereign or by another Sovereign Decree.

Article V — Recommendations by Competent Authorities

1. A General Regulation concerning a matter assigned to the Secretariat of State or another organ shall ordinarily be issued upon the written recommendation of the authority responsible for that matter.

2. A recommendation of the Secretariat of State shall identify the Section principally responsible for the proposed Regulation.

3. A Section shall act in the name of the Secretariat of State and shall not be treated as a separate issuing authority.

4. The Honours Chancellery, the Institute of Heraldry, and any other authorised organ may recommend a General Regulation concerning matters within its lawful responsibilities.

5. Where a matter falls within the responsibilities of more than one authority, a joint recommendation may be submitted.

Article VI — Responsibility for a Regulation

1. The recommending authority shall be responsible for:

(a) the facts and evidence supporting the proposal;

(b) its policy and administrative purpose;

(c) any consultation considered necessary;

(d) its implementation and administration; and

(e) its continuing review.

2. The Royal Chancellery shall be responsible for:

(a) confirming the authority under which the Regulation is proposed;

(b) ensuring the proper form and classification of the instrument;

(c) identifying apparent legal or procedural defects;

(d) authentication, registration, and publication; and

(e) preservation of the official text.

3. The Royal Chancellery shall not ordinarily substitute its own policy judgement for that of the competent authority.

Article VII — Examination of Proposed Instruments

1. The Royal Chancellery may return or decline to issue a proposed instrument where:

(a) the recommending authority lacks responsibility for the subject;

(b) lawful authority has not been established;

(c) the recommendation is incomplete or procedurally defective;

(d) the proposed provisions are unclear or incapable of administration;

(e) the proposed instrument exceeds the authority under which it would be issued;

(f) it conflicts with a Sovereign Decree or other controlling instrument; or

(g) the Sovereign has directed that it not be issued.

2. The Royal Chancellery shall ordinarily give the recommending authority written reasons for returning or declining an instrument.

3. A question of authority or competence that cannot otherwise be resolved shall be referred to the Sovereign, whose determination shall be final.

Article VIII — Matters Requiring Sovereign Approval

1. The approval of the Sovereign shall be required before the Royal Chancellery issues an instrument that:

(a) materially restricts an existing right or legal status;

(b) imposes an administrative monetary penalty;

(c) establishes compulsory investigative powers;

(d) establishes an adjudicative body;

(e) imposes a substantial compulsory fee or financial liability;

(f) establishes emergency restrictions;

(g) designates an organisation as a terrorist organisation;

(h) imposes sanctions or restrictive measures;

(i) materially affects the responsibilities of a principal organ of the Nation or State; or

(j) concerns any other matter reserved by the Sovereign.

2. An instrument approved by the Sovereign shall record that approval upon its face.

3. Sovereign approval shall not require the instrument to be issued as a Sovereign Decree unless the Sovereign so directs.

Article IX — Form of General Regulations

1. Every General Regulation shall identify:

(a) its title and official number;

(b) the authority under which it is issued;

(c) the recommending authority, where applicable;

(d) the authority responsible for its administration;

(e) the requirements prescribed by it;

(f) its date of commencement; and

(g) any expiry, review, schedule, form, or Standard forming part of it.

2. A Regulation recommended by another authority shall be issued in the following form: "Upon the recommendation of [authority], the Royal Chancellery hereby issues the following General Regulation."

3. Where the approval of the Sovereign is required, the words "with the approval of the Sovereign" shall be included in the issuing formula.

4. The Royal Chancellery may prescribe the form, arrangement, and drafting of General Regulations.

Article X — Authentication and Registration

1. Every General Regulation shall be authenticated by the Secretary of the Royal Chancellery, the Clerk of the Royal Chancellery acting under lawful authority, or another officer authorised by the Sovereign.

2. The Great Seal shall be affixed where required by the Sovereign or by law.

3. The Royal Chancellery shall assign each instrument a unique official number and enter it in the proper register.

4. The authenticated instrument held by the Royal Chancellery shall constitute the official original.

Article XI — Publication and Commencement

1. A General Regulation of public or inter-institutional application shall be published in the Royal Kaharagian Gazette and KáhaLex.

2. A Regulation concerning only internal administration may be withheld from general publication where the Royal Chancellery determines that publication is unnecessary.

3. An unpublished instrument shall not impose an obligation upon a person who could not reasonably obtain access to it.

4. A General Regulation shall take effect on the date stated in the instrument.

5. Where no date is stated, it shall take effect upon publication in KáhaLex.

6. A reasonable period should be allowed before commencement where persons or institutions must alter their documents, systems, or conduct.

Article XII — Legal Effect and Hierarchy

1. A General Regulation lawfully issued under this Decree shall bind every person, officer, institution, or organ to which it applies.

2. Every General Regulation and subordinate instrument shall remain subject to Sovereign Decrees.

3. A General Regulation shall not amend, repeal, suspend, or disapply a Code or other superior instrument unless that power is expressly conferred by Sovereign Decree.

4. Subordinate instruments shall, so far as possible, be read consistently with one another.

5. Where two subordinate instruments cannot be reconciled:

(a) the more specific provision shall ordinarily prevail over the general provision;

(b) the later provision shall ordinarily prevail over the earlier provision; and

(c) any remaining question shall be determined by the Royal Chancellery or referred to the Sovereign.

Article XIII — Limits upon General Regulations

1. Unless expressly authorised by Sovereign Decree, a General Regulation shall not:

(a) create a criminal offence;

(b) impose imprisonment, detention, or criminal punishment;

(c) establish a tax;

(d) appropriate public money;

(e) grant or remove nationality;

(f) create or abolish a principal organ of the Nation or State;

(g) amend the Fundamental Laws and Principles;

(h) amend or repeal a Code;

(i) impose an administrative monetary penalty;

(j) deprive a person of property;

(k) prevent access to lawful review; or

(l) confer upon another authority the power to issue General Regulations.

Article XIV — Official Standards and Forms

1. A General Regulation may prescribe or incorporate an Official Standard, schedule, or form.

2. An Official Standard shall be binding only to the extent provided by the Regulation or another controlling instrument.

3. Official Standards may concern:

(a) document and paper specifications;

(b) technical and electronic formats;

(c) official colours, designs, and measurements;

(d) accessibility;

(e) records and metadata;

(f) heraldic specifications; or

(g) any other matter capable of being expressed as a technical or administrative standard.

4. The use of a prescribed form may permit immaterial variation where the information supplied remains complete and intelligible.

Article XV — Exemptions and Alternative Compliance

1. A General Regulation may authorise the responsible authority to grant an exemption, waiver, or alternative means of compliance.

2. An exemption or alternative may be allowed where:

(a) strict compliance is impossible or impracticable;

(b) another method substantially fulfils the purpose of the Regulation;

(c) reasonable accommodation is required;

(d) the defect is immaterial; or

(e) strict application would produce a disproportionate result.

3. A significant decision granting or refusing an exemption shall ordinarily be recorded with reasons.

Article XVI — Regulatory Contraventions

1. Failure to comply with a General Regulation shall constitute administrative non-compliance or a regulatory contravention.

2. A regulatory contravention shall not, by reason only of the contravention, constitute a criminal offence.

3. Criminal responsibility may arise only where it is separately established by Sovereign Decree or Code.

4. The purpose of regulatory action shall be to secure compliance and protect the orderly administration of the Nation and State.

Article XVII — Administrative Measures

1. A General Regulation may authorise one or more of the following measures:

(a) advice or warning;

(b) correction or resubmission;

(c) a compliance direction;

(d) correction of an official record;

(e) suspension of processing until a defect is corrected;

(f) refusal of a defective application;

(g) suspension or withdrawal of a permission, recognition, or benefit governed by the Regulation;

(h) restitution or repayment; or

(i) referral for administrative adjudication.

2. An administrative monetary penalty may be imposed only where expressly authorised by Sovereign Decree.

3. A measure imposed under this Article shall be proportionate to the contravention.

4. A minor error in paper size, format, wording, or presentation should not invalidate a submission where the error can reasonably be corrected without prejudice.

Article XVIII — Notice, Determination, and Review

1. Before a material adverse measure is imposed, the affected person shall ordinarily receive:

(a) notice of the alleged contravention;

(b) identification of the applicable Regulation;

(c) a summary of the relevant facts;

(d) notice of the proposed measure; and

(e) a reasonable opportunity to respond.

2. A final determination shall ordinarily be given in writing and shall include reasons and information concerning any available review.

3. A person materially affected by a determination may seek review before the authority designated by the Regulation or by law.

4. The reviewing authority may confirm, vary, suspend, revoke, or return the determination for reconsideration.

Article XIX — Other Subordinate Instruments

1. The Royal Chancellery may, under lawful authority, issue:

(a) General Orders, requiring or authorising a specified administrative act;

(b) Designations, assigning a legal or administrative status to an identified person, organisation, place, object, or entity;

(c) Determinations, deciding a particular legal, factual, technical, or administrative question;

(d) Official Standards, prescribing technical or administrative specifications;

(e) Directives, giving instructions to State institutions or officers; and

(f) Notices, recording a commencement, expiry, correction, appointment, revocation, or other matter of official record.

2. An instrument issued under this Article shall state its authority, purpose, effect, commencement, and recommending authority, where applicable.

3. A Designation of a terrorist organisation, a sanctions designation, or a comparable security measure shall require the approval of the Sovereign.

4. A Directive shall not impose a general obligation upon the public unless authorised by Sovereign Decree, Code, or General Regulation.

5. The Royal Chancellery may apply the requirements of this Decree to an instrument issued under this Article, with such modifications as its nature requires.

Article XX — Amendment, Suspension, and Repeal

1. A General Regulation or other subordinate instrument may be amended, suspended, or repealed by:

(a) an instrument of the same or a superior class;

(b) Sovereign Decree;

(c) direction of the Sovereign; or

(d) expiry according to its terms.

2. An amendment concerning a matter recommended by another authority should ordinarily be made upon the recommendation of that authority or its lawful successor.

3. The Royal Chancellery shall record every amendment, suspension, expiry, and repeal in the official register and KáhaLex.

4. A repealed or expired instrument shall remain preserved as part of the official record.

Article XXI — Existing Instruments and Implementation

1. An existing regulation, rule, order, standard, directive, or other administrative instrument shall continue according to its terms unless it is inconsistent with this Decree or is later amended, reclassified, or repealed.

2. The Royal Chancellery may determine the proper classification of an existing subordinate instrument.

3. The Royal Chancellery may issue General Regulations, Official Standards, and administrative instructions necessary to give effect to this Decree, including provisions concerning drafting, numbering, authentication, registration, publication, consolidation, and correction of clerical errors.

4. Nothing in this Decree shall:

(a) transfer responsibility for executive policy from the Secretariat of State to the Royal Chancellery;

(b) transfer the lawful responsibilities of a specialised organ to the Royal Chancellery;

(c) give a recommending authority independent power to issue a General Regulation; or

(d) prevent the Sovereign from prescribing another form or means of issuing an instrument.

Article XXII — Enactment and Publication

1. This Decree shall take effect immediately upon Our Signature.

2. It shall be entered into the Royal Kaharagian Gazette and published accordingly.

3. The Royal Chancellery shall take all measures necessary for its registration and implementation.

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