CJ Procedures
A step of type AND.
There are 5 procedures.
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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.
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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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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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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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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.