AQ Procedures
A step of type NOT.
There are 9 procedures.
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Draft affirmative remedial order
A remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention on Human Rights. Remedial orders can be used to amend both primary and secondary legislation, and they may do anything necessary to fix the incompatibility with the Convention rights. Draft remedial orders are considered by the Joint Committee on Human Rights and then need to be approved by both Houses to become law.
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Draft negative
Instruments subject to the draft negative procedure are laid in draft and do not require approval in Parliament before being signed in law. Instruments concerning taxation are not laid in the Lords. Either House may pass a motion within the objection period which prevents the instrument being signed into law. The instrument cannot be signed into law by a Minister until the end of the objection period.
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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.
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Legislative Reform Order
Legislative Reform Orders (LROs) are a specific type of delegated legislation that the Government can use to remove or reduce burdens that result directly or indirectly from legislation, or to promote principles of better regulation. They are made under terms set out in the Legislative and Regulatory Reform Act 2006 and are subject to scrutiny by a special committee in each House.
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Made affirmative remedial order
A remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention on Human Rights. Remedial orders can be used to amend both primary and secondary legislation, and they may do anything necessary to fix the incompatibility with the Convention rights. Urgent orders may be made without advance scrutiny, but they will stop being law if they are not approved by both Houses within 120 days of being laid before Parliament.
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Proposed negative statutory instrument
A Minister may exercise powers under the EU (Withdrawal) Act 2018 or the Retained EU Law (Revocation and Reform) Act 2023 to propose that instruments be subject to the proposed negative procedure. After a proposed negative instrument has been laid, each House has ten sitting days in which it may consider the instrument and agree with the proposal of the Minister, or instead recommend the instrument be subject to the draft affirmative procedure. In the Commons, the instrument is considered by the European Statutory Instruments Committee. In the Lords, the instrument is considered by the Secondary Legislation Scrutiny Committee. Any result of consideration does not bind a Minister, who must nevertheless make a written statement if disagreeing with a recommendation of a committee.
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Public Bills
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Published draft under European Union (Withdrawal) Act 2018 (Repealed)
Paragraphs 13-15 of Schedule 8 to the European (Withdrawal) Act 2018 set up a a two-stage affirmative procedure for any instruments to amend or revoke secondary legislation originally made under the European Communities Act 1972 (most Directives were implemented that way). First the statutory instrument had to be published in draft for 28 days to allow for comment. Second, when the instrument was formally laid, the Minister was required to make a "scrutiny statement" setting out the Government response to any recommendations made by a parliamentary committee on the draft, and any other representations on the instrument. The instrument laid did need not be identical to the published draft, if it made amendments as a result of that consultation. Only 20 instruments used the procedure and it was abolished by sec 10 (1) of the Retained EU Law (Revocation and Reform) Act 2023.
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Treaties subject to the Constitutional Reform and Governance Act 2010
A treaty may be ratified if the Commons does not resolve against ratification within 21 sitting days. A Minister may extend this period. If the Commons resolves against ratification, a Minister may make a statement in disagreement, following which the Commons may consider for a further 21 sitting days. Even if the Lords resolves against ratification, a Minister may make a statement that the treaty be ratified. A Minister may determine a treaty be ratified without it being laid before Parliament.