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10.37 When the Chairman of Committees is of the opinion that an affirmative instrument 1 is such that, apart from the provisions of the Act authorising it to be made, it would require to be enacted by a private or hybrid bill, he reports his opinion to the House and to the minister or other person responsible for the instrument. An instrument upon which such a Chairman’s report has been made is known as a hybrid instrument. Such instruments can be opposed in the House of Lords by petitioning against them. 2 10.38 Any petition asking the House not to affirm a hybrid instrument must be deposited with the Clerk of the <strong>Parliament</strong>s within fourteen days following the day on which the Chairman’s report is laid before the House. If no petition is received within this period the Chairman reports accordingly to the House. Any petition received during the period is referred to the Hybrid Instruments Committee (see paragraph 11.61) together with the instrument petitioned against. 10.39 The Hybrid Instruments Committee, after considering any representations made in writing by the parties to the proceedings and after hearing, if it thinks fit, the parties in person or by counsel or agents, decides whether any petitioner has a locus standi. If so, the committee reports to the House, in accordance with the criteria specified in private business SO 216, whether there ought to be a further inquiry by a select committee into all or any of the matters specified by the petitioner. In such a case, the House may refer all or any of the matters on which the committee has reported to a select committee consisting of five members, appointed by the House on the proposal of the Committee of Selection, with terms of reference specified by the House. 10.40 No motion to approve a hybrid instrument may be moved until the proceedings under private business SO 216 have been completed, 3 that is until either: (a) the Chairman of Committees has reported to the House that no petitions have been received, or that all petitions have been withdrawn; or 1 For this purpose, an affirmative instrument is as defined in SO 72, but excludes orders under s. 1 of the Manoeuvres Act 1958 and certain instruments exempted from this procedure by their parent Act. 2 PBSO 216. 3 SO 72. 200
(b) the Hybrid Instruments Committee has reported that no petitioner has a locus standi, or that there ought not to be an inquiry by a select committee; or (c) the House has decided not to refer any matter to a select committee; or (d) the select committee has reported to the House. 10.41 Where proceedings under private business SO 216 have not been completed in respect of an instrument which has expired or lapsed, a further instrument to substantially the same effect may be substituted for the purposes of those proceedings. Expedited hybrid instruments 10.42 A hybrid instrument which, by virtue of the Act authorising it to be made, is, after the expiry of a period prescribed by that Act, to proceed in <strong>Parliament</strong> as if its provisions would, apart from that Act, require to be enacted by a public bill that is not hybrid, is known as an expedited hybrid instrument. 1 The procedure for such an instrument differs from that applicable to other hybrid instruments in several respects. A petition not to affirm an expedited hybrid instrument must be deposited within ten days following the day on which the instrument is laid. If the Hybrid Instruments Committee is of the opinion that there ought to be a further inquiry, it conducts that inquiry itself forthwith. 10.43 No motion to approve an expedited hybrid instrument may be moved until the proceedings under private business SO 216A have been completed, that is until the Chairman of Committees or the Hybrid Instruments Committee has reported, or the period prescribed by the parent Act has expired. Special procedure orders 10.44 The procedure for special procedure orders is laid down by the Statutory Orders (Special Procedure) Act 1945, as amended by the Statutory Orders (Special Procedure) Act 1965, supplemented by the private business standing orders of both Houses. That Act applies: 1 PBSO 216A. 201
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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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Special public bill committee 8.113
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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 198 and 199: on the government to take action or
Page 200 and 201: 10.27 If however a scrutiny committ
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
Page 220 and 221: egular debates on select committee
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
Page 244 and 245: Then the presiding Commissioner say
Page 246 and 247: place the most favourable construct
Page 248 and 249: presence of the Sovereign. This was
Page 250 and 251: 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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