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Motion to consider the instrument not moved Procedures

House of Lords

A step of type Business step.

A debate in a Grand Committee often 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.

Overview Business items Routes Clocks Step collections Procedures with step depths Procedures

There are 4 procedures.

  1. Affirmative Lords motions

  2. Draft affirmative

    Instruments subject to the draft affirmative procedure are laid in draft and require approval in Parliament before being signed into law. Instruments concerning taxation are not laid in the Lords and only require the approval of the Commons. 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.

  3. Enhanced affirmative: Investigatory Powers Act 2016

    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.

  4. Made affirmative

    Instruments subject to the made affirmative procedure are signed into law before being laid in Parliament but require approval from Parliament within a specified period. There are different types of made affirmative SIs: the most common type of made affirmative SI comes into force before it is approved (and can come into force before it is laid) but cannot remain in force unless it is approved by Parliament within a specified period. Another rarer type of made affirmative SI is laid after being made but cannot come into force unless the instrument is approved by Parliament. The relevant procedure and the length of the approval period is defined in the parent Act.

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