HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
10.53 If no resolution for annulment is passed, any certified petition is referred to a joint committee, except that a petition of general objection is not referred if either House has resolved within the resolution period that it should not be. Any special report of the two Chairmen, and any counter-petitions, are also referred to the committee. 10.54 If no petition is referred to a joint committee at the end of the resolution period, and no resolution for annulment has been passed, the order may come into operation. Joint committee 10.55 Joint committees under the 1945 Act consist of three members of each House, and private business SO 209 governs their proceedings. Where a petition is for amendment, 1 the committee may report the order with or without amendments to give effect to the petition in whole or in part. Where the petition is of general objection, the committee may report the order with or without amendments, or report that the order be not approved. The report of the joint committee is laid before both Houses. Where the order is reported without amendment, 2 it may come into operation from the date when the report of the committee is laid before Parliament. 10.56 Where the order is reported with amendments, 3 the minister may bring the order as amended into operation on a date of his choice, or withdraw the order, or bring it to Parliament for further consideration by means of a bill for its confirmation. 10.57 Where the committee reports that the order be not approved, the order does not take effect unless confirmed by Act of Parliament. Confirming bills 10.58 A confirming bill presented in respect of an order reported with amendments is a public bill and sets out the order as amended. 4 It is treated as if the amendments had been made in committee in the House in which it is presented, and in the second House likewise it proceeds 1 s. 5. 2 s. 6. 3 PBSO 214. 4 s. 6(4). 204
straight to consideration on report. 1 A bill presented in respect of an order which the committee has reported be not approved goes through the same procedure, unless a petition for amendment was certified but was not dealt with by the joint committee. In that case the confirming bill has a first and second reading, and is referred to that committee for the purpose of considering that petition. Report and third reading follow. In the second House the bill proceeds straight to consideration on report. Orders relating to Scotland 2 10.59 In the case of orders which do not deal with matters within the legislative competence of the Scottish Parliament but which relate exclusively to Scotland, a preliminary inquiry into objections is held in Scotland by Commissioners in accordance with the Private Legislation Procedure (Scotland) Act 1936. If the minister concerned accepts the Commissioners’ recommendations, the order is laid before Parliament and the subsequent proceedings are as already described, except that no petition, whether for amendment or of general objection, is referred to a joint committee unless either House so orders within the resolution period. If the minister is not prepared to accept the Commissioners’ recommendations, he may, instead of laying the order before Parliament, introduce a bill for the confirmation of the order. The procedure on such a bill is the same as for a bill under section 9 of the 1936 Act. Northern Ireland Assembly legislation 3 10.60 The Northern Ireland Assembly legislates on transferred or devolved matters, and the United Kingdom Parliament has no part to play in the enactment of such legislation. However, certain matters such as taxation and international relations are excepted or reserved for legislation by the United Kingdom Parliament. The Northern Ireland Assembly can legislate on excepted and reserved matters with the consent of the Secretary of State. 10.61 In such circumstances, section 15 of the Northern Ireland Act 1998 provides that the Secretary of State may not submit for Royal Assent a bill of the Northern Ireland Assembly touching on an excepted 1 s. 6(5). 2 s. 10. 3 Procedure 4th Rpt 1999–2000. 205
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10.53 If no resolution for annulment is passed, any certified petition is<br />
referred to a joint committee, except that a petition of general objection<br />
is not referred if either House has resolved within the resolution period<br />
that it should not be. Any special report of the two Chairmen, and any<br />
counter-petitions, are also referred to the committee.<br />
10.54 If no petition is referred to a joint committee at the end of the<br />
resolution period, and no resolution for annulment has been passed, the<br />
order may come into operation.<br />
Joint committee<br />
10.55 Joint committees under the 1945 Act consist of three members of<br />
each House, and private business SO 209 governs their proceedings.<br />
Where a petition is for amendment, 1 the committee may report the<br />
order with or without amendments to give effect to the petition in whole<br />
or in part. Where the petition is of general objection, the committee may<br />
report the order with or without amendments, or report that the order<br />
be not approved. The report of the joint committee is laid before both<br />
Houses. Where the order is reported without amendment, 2 it may come<br />
into operation from the date when the report of the committee is laid<br />
before <strong>Parliament</strong>.<br />
10.56 Where the order is reported with amendments, 3 the minister may<br />
bring the order as amended into operation on a date of his choice, or<br />
withdraw the order, or bring it to <strong>Parliament</strong> for further consideration by<br />
means of a bill for its confirmation.<br />
10.57 Where the committee reports that the order be not approved,<br />
the order does not take effect unless confirmed by Act of <strong>Parliament</strong>.<br />
Confirming bills<br />
10.58 A confirming bill presented in respect of an order reported with<br />
amendments is a public bill and sets out the order as amended. 4 It is<br />
treated as if the amendments had been made in committee in the House<br />
in which it is presented, and in the second House likewise it proceeds<br />
1 s. 5.<br />
2 s. 6.<br />
3 PBSO 214.<br />
4 s. 6(4).<br />
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