Procedures

1. 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.

2. 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.

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. 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.

5. 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.

6. 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.

7. 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.

8. Proposed draft remedial order

   Remedial orders are a type of statutory instrument. Under the Human Rights Act 1998, courts can declare Acts of Parliament incompatible with the European convention on human rights. The Government can use remedial orders to amend Acts to remove the incompatibility. A minister formally presents (or ‘lays’) a proposal for a draft remedial order. Parliament has 60 days to consider the proposal. The Joint Committee on Human Rights (a Committee of Members of the Commons and Lords) also scrutinises the proposal. At the end of the 60-day period, the minister can lay a draft remedial order. The minister has to report details of any representations made during the 60 days and any changes made to the proposal.

9. 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.

10. 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.

11. 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.

12. 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.

13. Public Bills

14. Queen's consent

15. Prince of Wales's consent

16. Great Steward of Scotland’s consent

17. Commons first reading

18. Commons ten minute rule bill

19. Legislative Consent Motion - Scottish Parliament

20. Legislative Consent Motion - Northern Ireland Assembly

21. Legislative Consent Motion - Senedd Cymru

22. English votes for English laws (EVEL)

23. Local Government Finance Report

24. Joint Committee on Statutory Instruments (JCSI)

25. Select Committee on Statutory Instruments (SCSI)

26. Secondary Legislation Scrutiny Committee (SLSC)

27. CRAG Treaty Lords Committee

28. CRAG Treaty NIAC

29. CRAG Treaty BAT

30. CRAG Treaty JCHR

31. CRAG Treaty IAC+EAC

32. CRAG Treaty PAC

33. CRAG Treaty other commons committees

34. CRaG Treaty pre-laying scrutiny

35. CRAG Treaty ITC

36. CRAG Treaty EFRA

37. CRAG Treaty HAC

38. Legislative reform order: Draft negative

39. Scrutiny Reserve - Joint Committee on Statutory Instruments (JCSI)

40. Legislative reform order: Draft affirmative

41. Legislative reform order: Lords procedure determination

42. Legislative reform order: Commons procedure determination

43. Legislative reform order: Lords committee consideration

44. Legislative reform order: Commons committee consideration

45. Legislative reform order: Lords debates

46. DPRRC scrutiny reserve

47. Affirmative Commons motions

48. Affirmative Lords motions

49. Referral to a Delegated Legislation Committee (DLC)

50. Negative Commons motions

51. Negative - Commons motion to consider

52. Negative Lords motions

SPARQL queries used by this page

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