Delegated Legislation

Statutory Instruments

The most common form of delegated legislation, or secondary legislation, is Statutory Instruments. Those requiring parliamentary approval are subject to either the affirmative or negative procedure: this is explained in HCIO Factsheet L7.

The laying of Orders before the House of Commons is recorded in the Statutory Instrument List published by the Journal Office: http://www.publications.parliament.uk/pa/cm/cmsilist/cmsilist.htm. This list records when Orders were laid and in the case of affirmative instruments, whether a motion for their approval has been tabled. In the case of Negative Instruments, the number of praying days left (in which a motion calling for the instrument to be annulled may be laid) is noted.

Regulatory Reform Proposals and Orders:
Proceedings as at 27 November 2004

Under the Regulatory Reform Act 2001 (s 6(1)) the Government is able to make Orders to amend or repeal provisions in primary legislation, which are considered to impose a burden on businesses or others, which could be reduced or removed without removing any necessary protection.

For an explanation of Parliamentary consideration of Regulatory Reform Orders, see HCIO Factsheet No L7

Committee recommendation:

a)	a draft order in the same terms as the proposal should be laid before the House
b)	proposal should be amended before a draft order is laid before the House
c)	the order-making power should not be used in respect of the proposals
d)	draft order should be approved + indicates Committee's recommendation was agreed after a division
e)	draft order should not be approved
*	indicates stage taken formally, no debate
#	indicates report issued following amendments to draft order

Draft Proposals

Date Laid	Title	Lords Committee Report & Recommendation	Commons Committee Report & Recommendation
22.7.2004	Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004
12.10.2004	Regulatory Reform (Joint Nature Conservation Committee) Order 2005
18.10.2004	Regulatory Reform (Prison Officers) (Industrial Action) Order 2004

Draft Orders

Date Laid	Title and SI Number	Lords Committee Report & Recommendation	Commons Report Committee & Recommendation	Consideration L (Lords), C (Commons)
25.10.2004	Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004	HL 189 (d)	HC 1246 (d)