Proposed draft remedial order Joint Committee on Human Rights (JCHR) recommends a draft Order be laid in an amended form
Remedial orders are a type of statutory instrument. Under the Human Rights Act 1998, courts can declare Acts of Parliament incompatible with the European convention on human rights. The Government can use remedial orders to amend Acts to remove the incompatibility. A minister formally presents (or ‘lays’) a proposal for a draft remedial order. Parliament has 60 days to consider the proposal. The Joint Committee on Human Rights (a Committee of Members of the Commons and Lords) also scrutinises the proposal. At the end of the 60-day period, the minister can lay a draft remedial order. The minister has to report details of any representations made during the 60 days and any changes made to the proposal.
Follows the calculation style Bicameral instruments (clock stops if either House rises).
House of Commons and House of Lords
A step of type Business step.
Consideration completed by the Joint Committee on Human Rights (JCHR) within their terms of reference. The Committee can make several recommendations from whether the remedial order is appropriate, whether it should be changed or proceed in the same terms. The Committee also makes recommendations on whether the House(s) should approve the order.
There are 4 business items.
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Proposal for the Draft Investigatory Powers Act 2016 (Remedial) Order 2023
On 7 June 2023.
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Proposal for the Draft Bereavement Benefits (Remedial) Order
On 3 November 2021.
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Proposal for a Remedial Order to amend the Human Rights Act 1998
On 14 November 2018.
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Proposal for a Draft Human Fertilisation and Embryology Act 2008 (Remedial) Order
On 28 February 2018.