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Notification from Department announcing the publication of the draft laid before the House of Lords Procedures with step depth

House of Lords

A step of type Business step.

After the UK has left the European Union, a two-stage affirmative procedure applies to any instruments that amend or revoke secondary legislation originally made under the European Communities Act 1972 (most Directives were implemented that way). First the statutory instrument must be published in draft for 28 days to allow for comment. Parliament must be notified when the published draft is available, this takes place in the form of a laid letter.

There is 1 procedure.

  1. Notification from Department announcing the publication of the draft laid before the House of Lords has step depth 2 in the Published draft under European Union (Withdrawal) Act 2018 (Repealed) procedure

    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Act 2018 set up a a two-stage affirmative procedure for any instruments to amend or revoke secondary legislation originally made under the European Communities Act 1972 (most Directives were implemented that way).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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