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Parliamentary Papers |
Presentation of Command Papers.
28 April 1902. |
70. If, during the existence of a Parliament, Papers are commanded to be presented to the House by Her Majesty at any time, the delivery of such Papers to the Clerk of the Parliaments shall be deemed to be for all purposes the presentation of them to the House.
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Laying of Statutory Instruments.
28 July 1948. |
71. - (1) Where, under any Act of Parliament, a Statutory Instrument is required to be laid before Parliament after being made, the deposit of a copy of the instrument with the Clerk of the Parliaments in accordance with this Order at any time during the existence of a Parliament when the House is not sitting for Public Business shall constitute the laying of it before the House: Provided that nothing in this Order shall apply to any Special Procedure Order, to any Statutory Instrument which requires an affirmative resolution before it can come into operation, or to any other instrument which is required to be laid before Parliament for any period before it comes into operation.
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(2) For the purposes of this Order, a Statutory Instrument may be deposited on any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday, between Eleven and Five of the clock.
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(3) The Clerk of the Parliaments shall cause to be published, either in the Minutes of Proceedings or in some other manner, particulars of the deposit of Statutory Instruments under this Standing Order.
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Notifications.
28 July 1948. |
72. In cases where it has been necessary to bring a Statutory Instrument into operation before it has been laid before Parliament, the notification thereof (which is required by the Statutory Instruments Act 1946 to be sent to the Lord Chancellor) shall be laid upon the Table of the House.
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Affirmative Instruments.
27 March 1975. |
73. - (1) No Motion for a resolution of the House to approve an Affirmative Instrument shall be moved until:
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(a) except in the case of any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of the Schedule to the Northern Ireland Act 2000, or a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, or a draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act, there has been laid before the House the report thereon of the Joint Committee on Statutory Instruments; |
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(b) in the case of a draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, there has been laid before the House the report thereon of the Delegated Powers and Regulatory Reform Committee; and |
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(c) in the case of a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, there has been laid before the House the report thereon of the Joint Committee on Human Rights:
Provided that the report is laid
(i) in the case of a draft remedial order, within 60 days of the laying of the draft order or
(ii) in the case of an order not approved in draft, within 119 days of making the order,
such periods to be calculated in the manner prescribed by Schedule 2 to the Act; and |
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(d) in the case of a Hybrid Instrument, the proceedings under Private Business Standing Order 216 or 216A have been terminated. |
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(2) In this Standing Order "Affirmative Instrument" means an Order in Council, departmental order, rules, regulations, scheme or other similar instrument presented to or laid or laid in draft before the House where an affirmative resolution is required before it, or any part of it, becomes effective, or is made, or is a condition of its continuance in operation: but the expression does not include a Measure laid before the House under the Church of England Assembly (Powers) Act 1919 nor regulations made under the Emergency Powers Act 1920.
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(3) An Order in Council that may not be made except in response to an address by the House to Her Majesty is an Affirmative Instrument within the meaning of this Standing Order, and a Motion for an address to Her Majesty praying that an order be made is a Motion to approve the order.
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(4) An order, rules, regulations, scheme or instrument laid in draft before the House for the purpose of being approved by resolution of the House is an Affirmative Instrument within the meaning of this Standing Order notwithstanding that, if the draft is not approved, that instrument is subject to annulment in pursuance of a resolution of either House.
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Joint Committee on Statutory Instruments |
| Joint Committee on Statutory Instruments. |
74.There shall be a Select Committee consisting of seven Lords, which shall join with a Committee of the House of Commons as the Joint Committee on Statutory Instruments, to consider:
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(1) every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being
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(i) a statutory instrument, or a draft of a statutory instrument; |
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(ii) a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument; |
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(iv) an Order subject to special parliamentary procedure; |
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but excluding any Order in Council or draft Order in Council made or proposed to be made under paragraph 1 of the Schedule to the Northern Ireland Act 2000 and any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998 and any draft order proposed to be made under section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act; and
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(2) every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only; but not including any statutory instrument made by a member of the Scottish Executive or by the National Assembly for Wales unless it is required to be laid before Parliament or either House of Parliament and not including Measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such Measures;
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with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds-
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(a) that it imposes a charge on the public revenues or contains provisions requiring payments to be made to the Exchequer or any government department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribes the amount of any such charge or payments; |
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(b) that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period; |
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(c) that it purports to have retrospective effect where the parent statute confers no express authority so to provide; |
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(d) that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament; |
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(e) that there appears to have been unjustifiable delay in sending a notification under the proviso to subsection (1) of section 4 of the Statutory Instruments Act 1946, where an Instrument has come into operation before it has been laid before Parliament; |
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(f) that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made; |
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(g) that for any special reasons its form or purport call for elucidation; |
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(h) that its drafting appears to be defective; |
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or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case.
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