Parliamentary Government Bill [H.L.] - continued        House of Lords
PART I, LEGISLATION - continued

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Delegated legislation
Affirmative instruments.     6. - (1) This section applies to any statutory instrument which is required to be laid before Parliament in draft for approval by resolution of each House.
 
      (2) In subsection (1)-
 
 
    "required" means required by or under any enactment, and
 
    "statutory instrument" means an instrument as defined in section 1 of the Statutory Instruments Act 1946 which is of the nature of a public Act.
      (3) No such instrument may be made unless-
 
 
    (a) a draft of the instrument has been approved by a resolution of each House of Parliament made after the end of the period of 20 days beginning with the day on which the draft was laid; or
 
    (b) it is declared in the instrument that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the instrument without a draft being so approved.
      (4) No draft may be laid under subsection (3)(a) unless-
 
 
    (a) the person proposing to make the instrument has laid before Parliament a document which contains a draft of the proposed instrument and the required information; and
 
    (b) the period of 60 days, beginning with the day on which the document required by this subsection was laid, has ended.
      (5) If representations have been made during that period, the draft laid under subsection (3)(a) must be accompanied by a statement containing-
 
 
    (a) a summary of the representations; and
 
    (b) if, as a result of the representations, the proposed instrument has been changed, details of the changes.
      (6) Subsections (7) to (10) apply to an instrument ("the original instrument") made without being approved in draft.
 
      (7) The person making the instrument must lay it before Parliament, accompanied by the required information, after it is made.
 
      (8) If representations have been made during the period of 60 days beginning with the day on which the original instrument was made, the person making it must (after the end of that period) lay before Parliament a statement containing-
 
 
    (a) a summary of the representations; and
 
    (b) if, as a result of the representations, he considers it appropriate to make changes to the original instrument, details of the changes.
      (9) If subsection (8)(b) applies, the person making the statement must-
 
 
    (a) make a further instrument replacing the original instrument; and
 
    (b) lay the replacement instrument before Parliament.
      (10) If, at the end of the period of 120 days beginning with the day on which the original instrument was made, a resolution has not been passed by each House approving the original or replacement instrument, the instrument ceases to have effect (but without that affecting anything previously done under either instrument or the power to make a fresh instrument).
 
Negative instruments.     7. - (1) This section applies to any statutory instrument which is required to be laid before Parliament after being made and which is subject to annulment in pursuance of a resolution of either House.
 
      In this subsection "required" and "statutory instrument" have the meaning given in section 6.
 
      (2) The person making the instrument must lay the required information before Parliament, together with the instrument.
 
      (3) If representations have been made during the period of 40 days beginning with the day on which the instrument was made, the person making it must (after the end of that period) lay before Parliament a statement containing-
 
 
    (a) a summary of the representations; and
 
    (b) if, as a result of the representations, he considers it appropriate to make changes to the instrument, details of the changes.
      (4) If subsection (3)(b) applies, the person making the statement must-
 
 
    (a) make a further instrument replacing the original instrument; and
 
    (b) lay the replacement instrument before Parliament,
  but nothing in this subsection affects anything previously done under the original instrument or the power to make a fresh instrument.
 
      (5) If representations are made as mentioned in subsection (3) but the instrument originally made is not replaced by the person making the statement and either House of Parliament resolves that the instrument shall cease to have effect, it shall cease to have effect on that day (but without affecting anything previously done under the instrument or the power to make a fresh instrument).
 
Supplementary.     8. - (1) In calculating any period for the purposes of section 6 or 7, no account is to be taken of any time during which-
 
 
    (a) Parliament is dissolved or prorogued; or
 
    (b) both Houses are adjourned for more than four days.
      (2) In sections 6 and 7-
 
 
    "representations" means representations about a instrument (or proposed instrument) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and
 
    "required information" means a statement of the reasons for making an instrument in those terms.
      (3) Sections 6 and 7 apply to an instrument required to be laid before one House of Parliament only as if in those sections references to that House were substituted for references to Parliament, either House or each House.
 
 
Community legislation
Approval by Parliament of certain Community legislation.     9. - (1) This section applies to any Minister of the Crown, or his representative, in any meeting of the Council of Ministers of the European Communities.
 
      (2) That person is not to vote to approve any proposal for a directive unless the conditions set out in subsections (3) to (5) are satisfied.
 
      (3) The first condition is that the relevant Minister has consulted bodies representative of-
 
 
    (a) industry,
 
    (b) consumers,
 
    (c) employers and employees, and
 
    (d) such other persons as are likely to be substantially affected by the proposed directive,
  as he thinks fit.
 
      At the outset of the consultation period the Minister shall make a statement containing details of whom he intends to consult, and shall publish the statement in such manner as he thinks fit.
 
      (4) The second condition is that he has published a report on the outcome of the consultation and that he has laid a copy of the report before each House of Parliament.
 
      (5) The third condition is that, after the expiry of the period of six months beginning with the date on which the consultation required by subsection (3) is begun or first publicised (whichever is the later), and after the report mentioned in subsection (4) has been published and laid before each House, each House has come to a resolution on a motion tabled by a Minister of the Crown that the directive should be approved.
 
      (6) In this section "directive" has the meaning set out in Article 189 of the Treaty establishing the European Community (Article 249 of that Treaty after the entry into force of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts).
 
Bills implementing Community legislation.     10. - (1) A Minister of the Crown in charge of a bill in either House of Parliament must, before second reading, make a statement on which of the bill's provisions are, in his opinion, necessary to give effect to Community legislation, and shall state in each case the Community legislation concerned.
 
      (2) Where the Minister is of the opinion that none of the provisions of the Bill is necessary to give effect to Community legislation, he must, before second reading, make a statement to that effect.
 
      (3) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.
 
      (4) If, in the opinion of the Speaker of the House of Commons or the Lord Chairman of Committees of the House of Lords (as the case may be), a bill includes-
 
 
    (a) provision which is necessary to give effect to Community legislation, and
 
    (b) provision which is not necessary for that purpose,
  then the Speaker or the Lord Chairman of Committees (as the case may be) shall direct that the bill be divided into two or more separate bills, the first containing the provisions mentioned in paragraph (a) and the second and any subsequent containing the provisions mentioned in paragraph (b).
 
      (5) A direction under subsection (4) may be given at any stage before third reading.
 
      (6) In this section "Community legislation" means any binding legal instrument within the meaning of Article 189 of the Treaty establishing the European Community (Article 249 of that Treaty after the entry into force of the Treaty signed at Amsterdam on 2nd October 1997 amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts).
 
 
Impact of legislation
Assessment of impact of legislation.     11. - (1) After section 9A of the National Audit Act 1983 (inserted by section 2) insert-
 
 
"Assessment of impact of legislation.     9B. - (1) The Comptroller and Auditor General-
 
    (a) shall, in the case of primary legislation, and
 
    (b) may, in any other case,
  carry out an examination of the impact of the operation of any particular statutory provision or provisions on the economy, efficiency and effectiveness with which any department, authority or body subject to audit or examination discharges its functions.
 
      (2) In carrying out an examination under subsection (1)(a) the Comptroller and Auditor General shall in particular assess the accuracy of any assessment under section 9A."
 
      (2) In sections 8 and 9 of that Act, after "7 above" insert "or section 9B below".
 
 
Uncommenced legislation
Uncommenced legislation.     12. - (1) Any provision contained in any enactment which is not commenced within 5 years of the passing of that enactment shall cease to have effect.
 
      (2) The relevant Secretary of State, or the Treasury or the Lord Chancellor, shall lay before each House of Parliament, and where appropriate the Scottish Parliament and the Northern Ireland Assembly, a document contained in a statutory instrument setting out details of any provision repealed by virtue of subsection (1).
 
 
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Prepared 18 March 1999