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Motion to stop the instrument being law rejected Procedures with step depth

House of Lords

A step of type Business step.

A statutory instrument laid under the made affirmative procedure becomes law on the day the Minister signs it and automatically remains law unless a motion to reject it is agreed by the House of Lords within the approval period.

There are 2 procedures.

  1. Motion to stop the instrument being law rejected has step depth 19 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.

  2. Motion to stop the instrument being law rejected has step depth 21 in the Made affirmative remedial order procedure

    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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