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Written statement invoking the urgent procedure set out in Paragraph 14(6) of Schedule 8 of the European Union (Withdrawal) Act 2018 Procedures

House of Commons

A step of type Business step.

Paragraph 14 of Schedule 8 of the EU Withdrawal Act 2018 sets out an enhanced procedure whereby a published draft of an instrument must be published 28 days before the instrument is laid before Parliament. Under (6) there is an allowance for Government to bypass this procedure for urgency and lay an instrument. They must provide a written statement to Parliament to inform them of why they have bypassed the procedure.

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There are 4 procedures.

  1. 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.

  2. 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.

  3. 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.

  4. Made negative

    Instruments subject to the made negative procedure do not require approval in Parliament before becoming law. These instruments may come into force on any date after being laid. Instruments concerning taxation are not laid in the Lords. Either House may pass a motion within the objection period which annuls the instrument and stops it having effect.

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