HOUSE OF LORDS - United Kingdom Parliament

Scrutiny of delegated legislation
10.07 The Delegated Powers and Regulatory Reform Committee
examines the way in which bills delegate legislative power, and also
legislative reform orders (see paragraphs 11.48–11.50). The Joint
Committee on Statutory Instruments and the Merits of Statutory
Instruments Committee consider and report on delegated legislation (see
paragraph 11.55 and 11.58). The Joint Committee on Human Rights
examines proposed remedial orders (see paragraphs 10.32–10.35).
Affirmative instruments
10.08 Affirmative instruments require the express approval of
Parliament, or sometimes of the Commons only. 1 The affirmative
procedure takes one of three forms, depending on the parent Act. The
first is by far the most common:
an instrument may be required to be laid in draft before both
Houses and will not be made or have effect unless both Houses
agree to resolutions approving the draft instrument; 2
an instrument may be made and have immediate effect, but not
continue in force beyond a specified period 3 unless both Houses
agree to the appropriate resolutions approving the instrument;
an instrument may be made by a minister and laid before
Parliament but it will have effect only after resolutions have been
passed approving it.
10.09 Motions to approve most types of affirmative instrument may not be
moved until a report on the instrument from the Joint Committee on
Statutory Instruments has been laid before the House. 4 Special
considerations apply to certain categories of affirmative instrument, such as
those laid under the Legislative and Regulatory Reform Act 2006 and hybrid
instruments (see SO 72 and paragraphs 10.19–10.31, 10.36–10.43).
1 These are primarily financial instruments. The rest of this paragraph refers to both Houses but
it must be remembered that some instruments need only be laid before and approved by the
House of Commons.
2 In some cases one or both Houses must present Addresses to the Crown praying that the
Order be made.
3 Stated in the parent Act and usually 28 days in duration.
4 SO 72. The House has agreed from time to time to dispense with the standing order, e.g. 1 &
14 July 1999.
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