The Select Committee on the Merits of Statutory
The Committee has the following terms of reference:
(1) The Committee shall, subject to the exceptions
in paragraph (2), consider
(a) every instrument (whether or not a statutory
instrument), or draft of an 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 under an Act of
(b) every proposal which is in the form of a
draft of such an instrument and is laid before each House of Parliament
under an Act of Parliament,
with a view to determining whether or not the special
attention of the House should be drawn to it on any of the grounds
specified in paragraph (3).
(2) The exceptions are
(a) remedial orders, and draft remedial orders,
under section 10 of the Human Rights Act 1998;
(b) draft orders under sections 14 and 18 of
the Legislative and Regulatory Reform Act 2006, and subordinate
provisions orders made or proposed to be made under the Regulatory
Reform Act 2001;
(c) Measures under the Church of England Assembly
(Powers) Act 1919 and instruments made, and drafts of instruments
to be made, under them.
(3) The grounds on which an instrument, draft
or proposal may be drawn to the special attention of the House
(a) that it is politically or legally important
or gives rise to issues of public policy likely to be of interest
to the House;
(b) that it may be inappropriate in view of changed
circumstances since the enactment of the parent Act;
(c) that it may inappropriately implement European
(d) that it may imperfectly achieve its policy
(4) The Committee shall also consider such other
general matters relating to the effective scrutiny of the merits
of statutory instruments and arising from the performance of its
functions under paragraphs (1) to (3) as the Committee considers
appropriate, except matters within the orders of reference of
the Joint Committee on Statutory Instruments.
Rt Hon. Baroness Butler-Sloss GBE Lord Methuen
Lord Eames OM Rt Hon. Baroness
Morris of Yardley
Rt Hon. Lord Goodlad (Chairman) Lord
Norton of Louth
Baroness Hamwee Lord Plant
Lord Hart of Chilton Rt Hon. Lord
Scott of Foscote
Members' registered interests may be examined in
the online Register of Lords' Interests at www.publications.parliament.uk/pa/ld/ldreg.htm.
The Register may also be inspected in the House of Lords Record
Office and is available for purchase from the Stationery Office.
Declared interests for this Report are in Appendix 2.
The Committee's Reports are published by the Stationery
Office by Order of the House in hard copy and on the internet
If you have a query about the Committee or its work,
please contact the Clerk of the Merits of Statutory Instruments
Committee, Legislation Office, House of Lords, London SW1A 0PW;
telephone 020-7219 8821; fax 020-7219 2571; email email@example.com.
The Committee's website, www.parliament.uk, has guidance
for the public on how to contact the Committee if you have a concern
or opinion about any new item of secondary legislation.
The National Archives publishes statutory instruments
on the internet on behalf of the Government at www.legislation.gov.uk/uksi,
together with an explanatory memorandum (a short, plain-English
explanation of what the instrument does) for each instrument.