Parliament Explained:Delegated LegislationJoanna Welham

What is delegated legislation?

• Usually:

– Made by a Minister

– Using powers granted by an Act of Parliament

– Called a Statutory Instrument (over 3,000 a year) (Order/Regulations/Rules/Scheme)

• But there are exceptions

Laying Before Parliament

• All instruments subject to procedure (and some not subject) must be laid

• Two copies to each House, with covering letters, delivered by hand to Commons Journal Office and Lords Printed Paper Office– Some financial SIs are only laid in the Commons

• SIs must pass through Registrar’s system on Legislation.gov.uk before laying

JCSI – scrutiny on form• Looks at all affirmatives and negatives, and general (i.e. not

local) no-procedure instruments

• Considers drafting; unexpected use of powers; whether rules on timing have been complied with and various other grounds set out in Standing Orders

• Does not look at policy or merits

• Draws instruments to the attention of both Houses

• Lords scrutiny reserve: SI cannot be debated in Lords until the Committee has reported on it. No such reserve in the Commons

Parliamentary Control

• Set out in the enabling Act. It can be

– Affirmative (Parliament needs to say yes)

– Negative (Parliament can say no within a set time period)

– No procedure (but may still engage Parliament)

Commons Procedure - Affirmatives

• Government lays SI and tables motion to approve it

• SI automatically referred to a Delegated Legislation Committee

• DL Committee Considers SI for 1½ hours on motion “that the Committee has considered the instrument” (2½ hours for a N Ireland SI)

• Motion to approve then taken forthwith in House

• Alternatively SI debated for 1½ hours on the floor of the House

Commons Procedure - Negatives

• Member tables a “prayer”

• Government may refer the SI to a DL Committee

• DL Committee considers instrument on neutral motion

• Normally no further action (occasionally the Opposition puts a debated SI down for a forthwith vote on an Opposition Day)

• Instruments are very rarely annulled

Where to get help

• Contact the Journal Office: journaloffice@parliament.uk/020 7219 3310/3317 – Guidance at

http://www.parliament.uk/documents/upload/laying-papers.pdf

• Contact JCSI: jcsi@parliament.uk

• Contact Registrar: SIRegistrar@nationalarachives.gsi.gov.uk