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10.10 A motion to approve an affirmative instrument must be moved by a minister of the Crown. If the responsible minister is unable to be in the Chamber, another minister may move the motion on his behalf. Amendments and motions relating to affirmative instruments 10.11 Opposition to or concern about an affirmative instrument may be expressed in a number of ways (in addition to speaking in the debate on the approval motion): Members may give notice of direct opposition by means of an amendment to the approval motion, the effect of which would be to withhold the agreement of the House; Members may, by means of an amendment or a separate motion, call upon the government to take specified action (but which will not, even if agreed, prevent the approval of the instrument); Members may, by means of an amendment or a separate motion, invite the House to put on record a particular point of view relating to the instrument, but without calling on the government to take any specific action. 10.12 It is usual for all such amendments and motions to be debated at the same time as the substantive approval motion on the instrument. Notice should be given of any intention to divide on a motion or amendment concerning delegated legislation. 1 Moving affirmative instruments en bloc 10.13 If several affirmative instruments are closely enough related to justify being taken together, the motions for resolutions or Addresses on them may be moved en bloc. 2 It is for the minister in charge, in the first instance, and ultimately for the House, to decide whether groups of instruments qualify for this procedure. An en bloc motion may be moved only with the unanimous leave of the House; if any member objects, motions on the individual instruments must be moved separately to the extent desired. 3 Notice of a motion to take instruments en bloc is given by means of an italic note reminding members of their right to object to 1 Procedure 1st Rpt 1990–91. 2 Procedure 2nd Rpt 1970–71. 3 Procedure 3rd Rpt 1971–72. 194
taking the instruments en bloc. The italic note must appear in at least two issues of House of Lords Business. Affirmative instruments in Grand Committee 10.14 Affirmative instruments may be considered in Grand Committee. Each instrument is referred on a motion moved by the Leader of the House; once the debate has been held the Grand Committee reports to the House that it has considered the instruments; each instrument is then approved by the House on another separate motion. 10.15 Motions to refer affirmative instruments to a Grand Committee, and motions to approve affirmative instruments after they have been debated in Grand Committee, are normally taken en bloc in the House. The requirements for two sitting days’ notice and for the unanimous leave of the House apply as for other en bloc motions. 1 Negative instruments 10.16 Negative procedure is the most common form of parliamentary control over delegated legislation. Such instruments take effect either immediately or on a specified future day but are subject to annulment in pursuance of a resolution of either House adopted within a specified time limit. A resolution to reject a negative instrument takes the form of a motion that “an Humble Address” be presented to Her Majesty praying that the instrument be annulled. 2 Since 1948 the period during which a negative resolution may be moved (“praying time”) has been 40 days in respect of either the negative procedure for annulment or the negative procedure for preventing further proceedings in the case of a draft instrument. Swearing-in days in either House 3 are included in the reckoning of the 40 days, but periods of dissolution, prorogation or adjournment of both Houses for more than four days are not. Praying time in respect of an instrument laid during the recess does not therefore begin to run until one of the Houses sits. 10.17 As with affirmative instruments, critical amendments or motions may be moved relating to negative instruments, inviting the House to call 1 Procedure 1st Rpt 2005–06. 2 The procedure is set out in the Statutory Instruments Act 1946. 3 See paragraph 2.01. 195
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HOUSE OF LORDS Companion to the Sta
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PREFACE This is the 22nd edition of
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Secret sittings ...................
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Introduction and first reading.....
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Procedure on consideration of Commo
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Remedial orders ...................
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ABBREVIATIONS Erskine May Erskine M
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By the Act of Settlement 1701 1 “
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elected among the 15) in the releva
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no member of the House may act as s
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Leave of absence 1.27 Members of th
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announcement takes a standard form
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emunerated directorships and other
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Seating in the Chamber 1.54 The sid
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28 1. Throne 2. Cloth of Estate 3.
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CHAPTER 2 THE CROWN AND PARLIAMENTA
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2.09 A government backbencher also
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does not apply to a dissolution, wh
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Messages to members of the Royal Fa
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CHAPTER 3 SITTINGS AND DOCUMENTS OF
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Adjournment 3.09 At the end of busi
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Leave of the House 3.19 The leave o
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House of Lords Business 3.27 House
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oral questions, which may be tabled
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(c) business expressly exempted fro
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3.43 Private bills are entered on t
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e taken during the dinner break. On
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the remaining business from that si
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must submit a notification and expl
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papers can be found in the Handbook
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CHAPTER 4 CONDUCT IN THE HOUSE Self
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Any advice or assistance given by t
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Order of speaking 4.25 When two or
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4.33 There are reasons for these cu
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eferred to by their ministerial tit
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Law Officers of the Crown, Judges o
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the original motion as amended. It
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(c) Appellate proceedings, whether
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concerned can decide whether they c
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78 General principles 6. By virtue
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80 might be the case. Relevant inte
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itself once each Parliament, the Su
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5.14 Paragraphs 8(c) and 8(d) of th
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Registration 5.22 The Guide lists 1
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Use of facilities and services 5.32
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CHAPTER 6 STATEMENTS, QUESTIONS AND
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Publication in Hansard 6.08 Where a
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6.16 In drafting a question, though
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Questions should not ask the govern
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Secretary of State’s questions ar
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The ballot for Secretary of State
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or any other member to ensure that
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Motions General 6.46 In a normal fu
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egularly used for select committee
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6.63 If the number of speakers on t
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Committees on motions 6.77 On rare
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CHAPTER 7 DIVISIONS General princip
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into two streams in each lobby. 1 T
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division list in the Minutes of Pro
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(f) on a motion to insist, or not t
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The debate on the amendment and the
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(c) on all bills of considerable le
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Procedure on introduction: Lords bi
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provisional order confirmation bill
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Constitution Committee 8.35 The Con
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Room. 1 Following first reading, a
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advice when the amendment is called
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amendments to insert a new clause a
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of the House will not have had an o
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Effect of groupings on third readin
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ill without Question put either in
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e resumed. The Lord in the Chair th
Page 146 and 147: 8.102 Any bill may be committed to
Page 148 and 149: Special public bill committee 8.113
Page 150 and 151: the order may be discharged and an
Page 152 and 153: Commons amendments) in Committee of
Page 154 and 155: 8.139 Only the mover of an amendmen
Page 156 and 157: Further proceedings after third rea
Page 158 and 159: of the bill are no longer at issue,
Page 160 and 161: 8.170 If the Commons amend the Lord
Page 162 and 163: LORDS AMENDMENTS TO COMMONS BILLS 8
Page 164 and 165: the original Lords amendment, which
Page 166 and 167: Money bills 8.196 A money bill is a
Page 168 and 169: Consolidation bills 8.204 Consolida
Page 170 and 171: the Lords the committee stage of a
Page 172 and 173: 8.222 The Measure is submitted firs
Page 174 and 175: CHAPTER 9 PRIVATE LEGISLATION Role
Page 176 and 177: with. 1 These standing orders requi
Page 178 and 179: the case of bills originating in th
Page 180 and 181: second reading. 1 Such bills are no
Page 182 and 183: evidence from the parties and the r
Page 184 and 185: e deposited by the promoter at cert
Page 186 and 187: The petition must be signed by one
Page 188 and 189: Scotland; and petitions him to issu
Page 190 and 191: deemed to have been given for the s
Page 192 and 193: proceeds in the Lords straight from
Page 194 and 195: Types of delegated legislation 10.0
Page 198 and 199: on the government to take action or
Page 200 and 201: 10.27 If however a scrutiny committ
Page 202 and 203: 10.37 When the Chairman of Committe
Page 204 and 205: to orders made under Acts passed be
Page 206 and 207: 10.53 If no resolution for annulmen
Page 208 and 209: or reserved matter unless he has la
Page 210 and 211: to any Member to table a free-stand
Page 212 and 213: laid a copy before Parliament; pub
Page 214 and 215: 11.05 Certain committees are reappo
Page 216 and 217: Committee for Privileges and Conduc
Page 218 and 219: deliberate or to take evidence. Sel
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Page 222 and 223: Legislative and Regulatory Reform A
Page 224 and 225: consider the merits or policy of de
Page 226 and 227: of eleven members of the House, inc
Page 228 and 229: House, including membership of any
Page 230 and 231: CHAPTER 12 PARLIAMENTARY PRIVILEGE
Page 232 and 233: any form of molestation of, or inte
Page 234 and 235: have arisen in only two cases in th
Page 236 and 237: DATA PROTECTION 12.22 The Data Prot
Page 238 and 239: APPENDIX A DIVISIONS: INSTRUCTIONS
Page 240 and 241: 238 (f) Any visitor who is suspecte
Page 242 and 243: Summoning the Commons The presiding
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place the most favourable construct
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presence of the Sovereign. This was
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APPENDIX F ROYAL ASSENT BY COMMISSI
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APPENDIX G PROROGATION BY COMMISSIO
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APPENDIX H ENDORSEMENTS TO BILLS Lo
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we thine unworthy servants, here ga
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The Reading Clerk reads the Letters
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APPENDIX L SCRUTINY RESERVE RESOLUT
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INDEX absence of member asking ques
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annulment equality of votes, 118 of
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pre-legislative scrutiny, 128 print
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Committee of Selection, 225 Committ
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demise of the Crown, 34 oath to be
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financial privilege. see Commons fi
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maiden speeches, 68 intervals, mini
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memorials complaining of non-compli
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entitlement of members to, 56 may n
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Privileges and Conduct, Committee f
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ules of debate, 151 Representation
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Sewel motion. see Scottish Parliame
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Joint Committee on, 168 tax status
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ISBN 978 0 10 847241 1 £13.50
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