Enhanced affirmative: Investigatory Powers Act 2016 Motion to consider the instrument not called
Instruments subject to the enhanced affirmative procedure under the Investigatory Powers Act 2016 are laid in draft and require approval in Parliament before being signed into law. Unlike the normal draft affirmative procedure, instruments laid under the enhanced affirmative procedure are subject to a clock period of 40 or 60 days. The Commons debates the instrument in a Delegated Legislation Committee or in the Commons Chamber, where a decision on approval is made. The Lords debates the instrument in Grand Committee or in the Lords Chamber, where a decision on approval is made.
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A debate in a Delegated Legislation Committee takes place on a motion that “the Committee has considered” the statutory instrument. At the end of the debate, the Committee has to decide whether it agrees with the motion that it has considered the statutory instrument. Often this is agreed without a vote. Even if the Committee votes against the motion, the statutory instrument can still proceed to its next stage. This is because the motion is simply about whether the Committee has considered the statutory instrument.
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