HOUSE OF LORDS - United Kingdom Parliament

amendments to the legislation as he considers necessary to remove the
incompatibility”. Such an order is known as a remedial order, and is subject to
special procedures set out in Schedule 2 to the Act.
10.33 For non-urgent orders, the minister must first lay a document
containing a draft order and an explanation of why it is being made.
Parliament and the public have 60 days (not counting prorogation,
dissolution, or any adjournment of both Houses for more than four days)
to make representations; “representations” explicitly include “any relevant
Parliamentary report or resolution”. The minister may then lay a second
draft order. If there have been representations, a summary of them must
be laid; and if the second draft order is different from the first, the
changes must be explained. After a second 60-day period, the order
must be approved by both Houses, and may then be made.
10.34 If the order is declared to be urgent, it may be made before being
laid. It is then laid, with an explanatory document. There follow 60 days
for representations, counted from the date of making the order. If
representations are made, the minister must lay a summary; and, if it is
intended to amend the original order, a new order may be made and
laid, with an explanation. Both Houses must then approve the original or
replacement order within 120 days of the making of the original order;
otherwise the orders lapse.
10.35 The Joint Committee on Human Rights is charged to consider
remedial orders, and to perform for such orders the functions otherwise
carried out by the Joint Committee on Statutory Instruments. Under
Standing Order 72, no motion to approve such an order may be moved
until the committee’s report has been laid before the House. In the case
of a draft order, the committee must report within 60 days of the laying
of the draft. In the case of an urgent order, the committee must report
within 119 days of the making of the original order. 1
Hybrid instruments
10.36 The House of Lords alone has a procedure for considering hybrid
instruments.
1 Procedure 3rd Rpt 1999–2000.
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