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. For an explanation of Statutory Instrument procedures see HCIO Factsheet L7 produced by the House of Commons Information Office, available in hardcopy on request or to download from the Parliament website.

The laying of Orders before the House of Commons is recorded in the Statutory Instrument List published

by the Journal Office: www.publications.parliament.uk/pa/cm/cmsilist/cmsilist.htm.

The Journal Office 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.

Outstanding Orders are listed below. Details of previous Orders are available in earlier editions of the bulletin.

Legislative Reform Proposals and Orders:
Proceedings as at 26 March 2010

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 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/made + indicates Committee's recommendation was agreed after a division

e)   draft order should not be approved/made

f)   a revised draft order should be laid before the House

h) revised draft order should be approved/made

i) revised draft order should not be approved

#   indicates report issued following amendments to draft order

Consideration by Lords/Commons:

*   indicates stage taken formally, no debate

g) considered by Lords Grand Committee

Draft Proposals

Date Laid	Title	Lords Committee Report & Recommendation	Commons Committee Report & Recommendation
None

Draft Orders

Date Laid	Title and SI Number		Committee Reports & Recommendations		Recommended Procedure		Consideration to approve Draft Order
		Lords	Commons	Minister	Committee	Lords	Commons
13.5.2009 29.10.2009	Draft Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2009 Draft Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2009	HL 110 (d)	HC 883 (d)	Super-Affirmative Second-stage Super-Affirmative	Super-Affirmative Second-stage Super-Affirmative	15.12.2009	05.01.2010

Draft Orders (cont.)

Date Laid	Title and SI Number		Committee Reports & Recommendations		Recommended Procedure		Consideration to approve Draft Order
		Lords	Commons	Minister	Committee	Lords	Commons
21.10.2009	Draft Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2009	HL 178 (d)	HC 1108(d)	Affirmative	Affirmative	15.12.2009	06.01.2010
25.11.2009	Draft Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2010 (Paper withdrawn 18.1.2010)			Super-Affirmative	-	-	-
7.12.2009	Draft Legislative Reform (Dangerous Wild Animals) (Licensing) Order 2010		HC 288 (d)	Affirmative	Affirmative		8.2.2010
8.3.2010	Draft legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2010			Super-Affirmative
10.3	Draft Legislative Reform (Licensing) (Interim Authority Notices etc) Order 2010			Negative