HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
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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affirmative resolution procedure, in which case that applies. If the minister<br />
recommends affirmative resolution procedure, then that applies unless,<br />
within 30 days, either House requires super-affirmative resolution<br />
procedure, in which case that applies. If the minister recommends superaffirmative<br />
resolution procedure, then that applies.<br />
10.22 A House may express a requirement under section 15 in one of<br />
two ways. It may resolve that a certain procedure shall apply. Or a<br />
scrutiny committee may recommend within the 30 days that a certain<br />
procedure shall apply, in which case this is deemed to be the<br />
requirement of the House unless, within those 30 days, the House<br />
resolves otherwise.<br />
10.23 The House of Lords has appointed the Delegated Powers and<br />
Regulatory Reform Committee as the committee charged with reporting<br />
on draft orders laid under the Act. The three forms of procedure are<br />
defined in the Act as follows.<br />
Negative resolution procedure (section 16)<br />
10.24 The minister may make the order unless, within 40 days 1 from the<br />
date when the draft order was laid, either<br />
(a) either House of <strong>Parliament</strong> resolves otherwise, or<br />
(b) a scrutiny committee of either House recommends otherwise,<br />
between the end of the 30-day period and the end of the 40-day<br />
period, and the House concerned does not reject the<br />
recommendation, by resolution, in the same Session.<br />
10.25 If (a) a scrutiny committee of either House recommends against<br />
the order and (b) the House concerned rejects the recommendation by<br />
resolution, the 40-day period is extended for both Houses by the<br />
number of days between (a) and (b).<br />
Affirmative resolution procedure (section 17)<br />
10.26 The minister may make the order if, after the expiry of 40 days<br />
from the date when the draft order was laid, both Houses of <strong>Parliament</strong><br />
resolve to approve the draft.<br />
1 Not counting dissolution, prorogation, or adjournment of either House for more than four<br />
days.<br />
197
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