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HOUSE OF LORDS - United Kingdom Parliament

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to orders made under Acts passed before the Act of 1945 which<br />

are specified in that Act, or to orders made under it; 1 and<br />

to orders made under Acts passed since the Act of 1945 which<br />

are expressed in those Acts to be “subject to special parliamentary<br />

procedure”. 2<br />

Laying of orders<br />

10.45 An order subject to special parliamentary procedure must be laid<br />

before <strong>Parliament</strong>. 3 No order may be laid until the requirements 4 of the<br />

enabling Act, or of Schedule 1 to the 1945 Act, as to notices, consideration<br />

of objections and holding of inquiries have been complied with; and notice<br />

must be published in The London Gazette not less than three days before<br />

the order is laid. There must be laid with it a certificate by the minister<br />

specifying the requirements of the enabling Act and certifying that they have<br />

been complied with or (so far as the 1945 Act permits) dispensed with.<br />

Petitions<br />

10.46 Petitions 5 may be presented against a special procedure order within<br />

a period of 21 days, known as the “petitioning period”, beginning with the<br />

day on which the order is laid before <strong>Parliament</strong> or, if the order is laid before<br />

the two Houses on different days, with the later of the two days. If the<br />

petitioning period expires on a Sunday, it is extended to the following<br />

Monday; if it expires during a dissolution, prorogation or any period of 10 or<br />

more consecutive days on which the House does not sit for public business,<br />

it is extended to the day on which the House resumes.<br />

10.47 There are two kinds of petition against a special procedure order:<br />

a petition calling for amendments to the order, which must specify<br />

the proposed amendments (a “petition for amendment”);<br />

a general petition against the order, which must be presented<br />

separately (a “petition of general objection.”).<br />

1 s. 8.<br />

2 s. 1.<br />

3 s. 1.<br />

4 s. 2.<br />

5 s. 3; PBSOs 206, 201, 201A.<br />

202

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