AG Procedures
A step of type NOT.
There are 7 procedures.
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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
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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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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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.
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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.
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Public Bills