Weekly Information Bulletin: 23rd July 2011

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: http://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 22 July 2011

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 Legislative 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

19.07

Draft Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011

Draft Orders

Date

Laid

Title and

SI Number

Committee

Reports &

Recommendations

Recommended Procedure

Consideration

to approve Draft Order

Lords

Commons

Minister

Committee

Lords

Commons

08.03.10

Draft Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2010

HC 506 (b)

Super-Affirmative

A revised draft order should be laid

25.06.10

10.03.10

Draft Legislative Reform (Licensing) (Interim Authority Notices etc.) Order 2010

HC 507(d)

Negative

Affirmative

19.07.10

19.07.10

25.10.10

Draft Legislative Reform (Civil Partnership) Order 2010

07.02.11 (g)

HC 595 (a)

Negative

Affirmative

15.02.11

14.03.11

21.03.11

Draft Legislative Reform (Epping Forest) Order 2011‡

HL 152 (a)

HC 963(d)

Affirmative

Affirmative

30.06.11

30.06.11

‡ The Legislative Reform (Epping Forest) Order 2011 was laid on 21 March 2011 and has been declared hybrid under House of Lords Private Business Standing Order 216. Eight Petitions were presented against the Order and they, together with written submissions from the Government and the petitioners, were considered by the House of Lords Hybrid Instrument Committee on 23 May 2011. The Committee reported on the Order in their First Report, Session 2010-12 http://www.publications.parliament.uk/pa/ld201012/ldselect/ldhybrid/152/15202.htm

Prepared 22nd July 2011