Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) Procedures with step depth

House of Lords

A step of type Business step.

The Secondary Legislation Scrutiny Committee has the power to invite Ministers to oral evidence sessions before or after they have considered an instrument.

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

There are 5 procedures.

1. Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) has step depth 5 in the Draft affirmative procedure

   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. Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) has step depth 5 in the Draft negative procedure

   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. Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) has step depth 5.5 in the Enhanced affirmative: Investigatory Powers Act 2016 procedure

   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. Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) has step depth 5 in the Made affirmative procedure

   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.

5. Oral evidence session by the Secondary Legislation Scrutiny Committee (SLSC) has step depth 5 in the Made negative procedure

   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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