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on the government to take action or record a particular point of view, without annulling the instrument itself. Negative instruments in Grand Committee 10.18 Negative instruments may be considered in Grand Committee. A motion is tabled in House of Lords Business to take note of the instrument; this may be debated in Grand Committee without a referral motion, and no further proceedings are required once the debate has taken place. If another member were to table a prayer or some other substantive motion on the same instrument, the motion inviting a decision of the House, which could not be taken in Grand Committee, would take precedence. A prayer or other substantive motion may also be tabled following the debate in Grand Committee. 1 Orders under the Legislative and Regulatory Reform Act 2006 10.19 Under the Legislative and Regulatory Reform Act 2006, ministers have wide-ranging powers to amend primary legislation by order so as to remove or reduce burdens (under section 1) or to promote regulatory principles (under section 2). The Act makes unique provision for determining the parliamentary procedure for such orders. 10.20 A minister wishing to make an order under the Act must first consult on his proposals. Then the minister must lay a draft order before both Houses, with an explanatory document. This must specify certain matters set out in section 14 of the Act. Also, under section 15, it must recommend which of the following parliamentary procedures should apply: (a) negative resolution (b) affirmative resolution (c) super-affirmative resolution 10.21 If the minister recommends negative resolution procedure, then that applies unless, within 30 days 2 from the date when the draft order was laid, either House of Parliament requires affirmative or super- 1 Procedure 1st Rpt 2008–09. While debates on neutral “take note” motions on negative instruments are deemed suitable for consideration in Grand Committee, they may also be debated in the Chamber. 2 Not counting dissolution, prorogation, or adjournment of either House for more than four days. 196
affirmative resolution procedure, in which case that applies. If the minister recommends affirmative resolution procedure, then that applies unless, within 30 days, either House requires super-affirmative resolution procedure, in which case that applies. If the minister recommends superaffirmative resolution procedure, then that applies. 10.22 A House may express a requirement under section 15 in one of two ways. It may resolve that a certain procedure shall apply. Or a scrutiny committee may recommend within the 30 days that a certain procedure shall apply, in which case this is deemed to be the requirement of the House unless, within those 30 days, the House resolves otherwise. 10.23 The House of Lords has appointed the Delegated Powers and Regulatory Reform Committee as the committee charged with reporting on draft orders laid under the Act. The three forms of procedure are defined in the Act as follows. Negative resolution procedure (section 16) 10.24 The minister may make the order unless, within 40 days 1 from the date when the draft order was laid, either (a) either House of Parliament resolves otherwise, or (b) a scrutiny committee of either House recommends otherwise, between the end of the 30-day period and the end of the 40-day period, and the House concerned does not reject the recommendation, by resolution, in the same Session. 10.25 If (a) a scrutiny committee of either House recommends against the order and (b) the House concerned rejects the recommendation by resolution, the 40-day period is extended for both Houses by the number of days between (a) and (b). Affirmative resolution procedure (section 17) 10.26 The minister may make the order if, after the expiry of 40 days from the date when the draft order was laid, both Houses of Parliament resolve to approve the draft. 1 Not counting dissolution, prorogation, or adjournment of either House for more than four days. 197
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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
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8.102 Any bill may be committed to
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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 196 and 197: 10.10 A motion to approve an affirm
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
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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
Page 244 and 245: Then the presiding Commissioner say
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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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