HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
proceeds in the Lords straight from first reading to consideration on report. 9.81 Because Scottish provisional order confirmation bills are not printed in the House of Lords, the ministerial statement of compatibility with the Convention rights under section 19 of the Human Rights Act 1998 is made by means of a written statement. 4: TRANSPORT AND WORKS ACT 1992 9.82 Under the Transport and Works Act 1992, projects such as railways, tramways, harbours and barrages no longer come before Parliament for approval by way of private bill, but are dealt with by ministerial orders, in most cases following local public inquiries. Such orders are not normally subject to parliamentary proceedings, but may be deposited in the libraries of both Houses for information. However, section 9 of the Act provides that schemes which are adjudged by the Secretary of State to be of national significance must be approved by each House on a motion moved by a minister before an order is made to give effect to the scheme. In practice such a motion precedes any local public inquiry. 9.83 Motions take the following form: “The Lord X to move that, pursuant to section 9 of the Transport and Works Act 1992, this House approves the following proposals which in the opinion of the Secretary of State are of national significance, namely, ….”. 190
CHAPTER 10 DELEGATED LEGISLATION AND OTHER MATTERS DELEGATED LEGISLATION 10.01 Acts of Parliament do not make detailed provision for many of the subsidiary and procedural matters necessary to give effect to the policy embodied in the Act. So Acts often confer legislative power upon the government. This legislative power is exercised by means of “delegated” (or “secondary”) legislation. Delegated legislation is made most often by ministers but may also be made by other persons and bodies. The statutory basis for delegated legislation is usually a provision in an Act of Parliament, often referred to as the “parent Act”. General powers of the House over delegated legislation 10.02 The Parliament Acts do not apply to delegated legislation. So delegated legislation rejected by the Lords cannot have effect even if the Commons have approved it. Neither House of Parliament has the power to amend delegated legislation. 1 The House of Lords has only occasionally rejected delegated legislation. 2 The House has resolved “That this House affirms its unfettered freedom to vote on any subordinate legislation submitted for its consideration”. 3 Delegated legislation may be debated in Grand Committee, but must return to the floor of the House if a formal decision is required. 4 1 Except in the very small number of cases where the parent act specifically provides for such amendment, e.g. Census Act 1920 s. 1(2), Civil Contingencies Act 2004 s. 27(3). 2 The last three instances of the rejection of an affirmative instrument were 18 June 1968: Southern Rhodesia (United Nations Sanctions) Order 1968; 22 February 2000: Greater London Authority (Election Expenses) Order 2000; and 28 March 2007: Gambling (Geographical Distribution of Casino Premises Licences) Order 2007. A motion for an address praying against a negative instrument (Greater London Authority Elections Rules 2000) was agreed to on 22 February 2000. 3 LJ (1993–94) 683, HL Deb. 20 October 1994 cols 356–83. 4 Procedure 3rd Rpt 2003–04, 1st Rpt 2008–09. 191
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CHAPTER 10<br />
DELEGATED LEGISLATION AND<br />
OTHER MATTERS<br />
DELEGATED LEGISLATION<br />
10.01 Acts of <strong>Parliament</strong> do not make detailed provision for many of the<br />
subsidiary and procedural matters necessary to give effect to the policy<br />
embodied in the Act. So Acts often confer legislative power upon the<br />
government. This legislative power is exercised by means of “delegated”<br />
(or “secondary”) legislation. Delegated legislation is made most often by<br />
ministers but may also be made by other persons and bodies. The<br />
statutory basis for delegated legislation is usually a provision in an Act of<br />
<strong>Parliament</strong>, often referred to as the “parent Act”.<br />
General powers of the House over delegated legislation<br />
10.02 The <strong>Parliament</strong> Acts do not apply to delegated legislation. So<br />
delegated legislation rejected by the Lords cannot have effect even if the<br />
Commons have approved it. Neither House of <strong>Parliament</strong> has the power<br />
to amend delegated legislation. 1 The House of Lords has only<br />
occasionally rejected delegated legislation. 2 The House has resolved<br />
“That this House affirms its unfettered freedom to vote on any<br />
subordinate legislation submitted for its consideration”. 3 Delegated<br />
legislation may be debated in Grand Committee, but must return to the<br />
floor of the House if a formal decision is required. 4<br />
1 Except in the very small number of cases where the parent act specifically provides for such<br />
amendment, e.g. Census Act 1920 s. 1(2), Civil Contingencies Act 2004 s. 27(3).<br />
2 The last three instances of the rejection of an affirmative instrument were 18 June 1968:<br />
Southern Rhodesia (<strong>United</strong> Nations Sanctions) Order 1968; 22 February 2000: Greater<br />
London Authority (Election Expenses) Order 2000; and 28 March 2007: Gambling<br />
(Geographical Distribution of Casino Premises Licences) Order 2007. A motion for an address<br />
praying against a negative instrument (Greater London Authority Elections Rules 2000) was<br />
agreed to on 22 February 2000.<br />
3 LJ (1993–94) 683, HL Deb. 20 October 1994 cols 356–83.<br />
4 Procedure 3rd Rpt 2003–04, 1st Rpt 2008–09.<br />
191
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