EA Procedures
A step of type AND.
There are 4 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 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.
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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.
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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.