§ Private Business Standing Order 216
§ Hybrid Instruments
§ (1) Where in the opinion of the Chairman of Committees an affirmative instrument as defined by Public Business Standing Order No. 67A is such that, apart from the provisions of the Act authorising it to be made, it would require to be enacted by a Private or Hybrid Bill he shall report his opinion to the House and to the Minister or other person responsible for the instrument. An instrument on which the Chairman of Committees has so reported is in these Standing Orders referred to as a "hybrid instrument":
§ Provided that an order under section 1 of the Manoeuvres Act 1958 shall not be the subject of a report under this paragraph.
1104§ (2) A petition to the House not to affirm a hybrid instrument shall be signed by the petitioner or his Agent and be deposited or sent so as to be received in the Office of the Clerk of the Parliaments within the fourteen days following the day on which the Chairman's report under paragraph (1) above is laid before the House.
§ (3) Where the last day allowed by paragraph (2) above for the deposit of a petition is during a period when Parliament is dissolved or prorogued or during a long adjournment, then, subject to paragraphs (4) and (5) below, the period during which the petition may be deposited is extended to, and includes, the first day on which the House sits for public business after the dissolution, prorogation or long adjournment.
§ (4) Where the last day allowed by this Standing Order (having regard where relevant to paragraph (3) above and paragraph (5) below) for the deposit of a petition falls during the ten days beginning with the 23rd December, Good Friday, the Friday before Whitsun or the first day of August, the period during which the petition may be deposited is extended to, and includes, the first day on which the House sits for public business after those ten days.
§ (5) For the purposes of paragraphs (3) and (4) above, where the House is recalled in pursuance of Public Business Standing Order No 16 or proclamation, any day on which the House sits pursuant to the recall shall be disregarded.
§ (6) If no petition is received in the Office of the Clerk of the Parliaments within the period allowed by paragraphs (2) to (5) above, the Chairman of Committees shall report that fact to the House.
§ (7) Any petition received in the Office of the Clerk of the Parliaments within that period shall, together with the instrument petitioned against, stand referred to a Committee appointed at the commencement of every Session and consisting of a Lord of Appeal as Chairman, the Chairman of Committees and such other Lords as the House shall name. The Committee shall be known as the "Hybrid Instruments Committee".
§ (8) (a) The Hybrid Instruments Committee shall, after considering any representations in writing by the parties to the proceedings, and after hearing, if they think fit, the parties in person or Counsel or Agents appearing for the parties, decide whether the petitioner has a locus standi; and shall decide that question as if the instrument were a Private Bill and the Committee were a Select Committee on the Bill.
§ (b) If the Committee decide that the petitioner has no locus standi they shall report their decision to the House; but if they decide that he has a locus standi they shall report to the House:—
- (i) whether the petition discloses substantial grounds of complaint;
- (ii) whether the matters complained of in the petition have been so dealt with that no further enquiry is necessary ;
- (iii) whether the petitioner failed to avail himself of opportunities of having the matters complained of properly enquired into ; and
- (iv) whether or not, in the light of their findings on questions (i) to (iii) above, there ought to be a further enquiry by a Select Committee into all or any of the matters complained of.
§ (9) Where the Hybrid Instruments Committee have reported to the House that there ought to be such further enquiry into all or any of the matters complained of, the House may refer all or any of the matters on which the Committee have so reported to a Select Committee consisting of five Lords, named by the House on the proposal of the Committee of Selection; and the House shall specify the orders of reference of the Select Committee.
§ (10) For the purposes of Public Business Standing Order No. 67A the proceedings on a hybrid instrument shall be terminated when: —
- (a) there has been laid before the House a report by the Chairman of Committees under paragraph (6) above that no petition against the instrument has been received in the Office of the Clerk of the Parliaments within the period allowed by paragraphs (2) to (5) above, or
- (b) there has been laid before the House a report by the Hybrid Instruments Committee under paragraph (8) above that no petitioner has a locus standi or that none of the matters complained of in petitions against the instrument ought to be enquired into by a Select Committee, or
- (c) the House has decided that none of those matters be referred to a Select Committee, or
- (d) there has been laid before the House the report of the Select Committee to whom any matter has been referred under this Standing Order.
§ (11) Where proceedings under this Standing Order have not been completed in respect of a hybrid instrument which has expired or lapsed, a further affirmative instrument made or laid in draft to substantially the same effect may be substituted for the previous instrument for the purposes of those proceedings.
§ (12) This Standing Order shall not, except insofar as it defines a Hybrid Instrument, apply to an " expedited hybrid instrument" as defined in paragraph (1) of Standing Order 216A.
§ Private Business Standing Order 216A
§ Expedited Hybrid Instruments
§ (1) This order applies to a hybrid instrument, as defined in paragraph (1) of Standing Order 216, which, by virtue of the Act authorising it to be made, is, after the expiry of a period prescribed by that Act (in this Standing Order referred to as the "prescribed period") to proceed in Parliament as if its provisions would, apart from that Act, require to be enacted by a public Bill that is not hybrid ; and such a hybrid instrument is in this 1106 Standing Order referred to as an "expedited hybrid instrument".
§ (2) A petition to the House not to affirm an expedited hybrid instrument shall be signed by the petitioner or his Agent and be deposited or sent so as to be received in the Office of the Clerk of the Parliaments within ten days beginning with the day on which the instrument is laid before the House. The said period of ten days shall not be extended by any dissolution or prorogation of Parliament, or adjournment of the House.
§ (3) If no petition is received in the Office of the Clerk of the Parliaments within the said ten days, the Chairman of Committees shall report that fact to the House.
§ (4) Any petition received in the Office of the Clerk of the Parliaments within the said ten days shall, together with the instrument petitioned against, stand referred to the Hybrid Instruments Committee and shall be subject to enquiry by that Committee only.
§ (5)(a) The Hybrid Instruments Committee shall, after considering any representations in writing by the parties to the proceedings, and after hearing, if they think fit, the parties in person or Counsel or Agents appearing for the parties, decide whether the petitioner has a locus standi; and shall decide that question as if the instrument were a Private Bill and the Committee were a Select Committee on the Bill.
§ (b) If the Committee decide that the petitioner has no locus standi they shall report their decision to the House ; but if they decide that he has a locus standi they shall report to the House:—
- (i) whether the petition discloses substantial grounds of complaint;
- (ii) whether the matters complained of in the petition have been so dealt with that no further enquiry is necessary ;
- (iii) whether the petitioner failed to avail himself of opportunities of having the matters complained of properly inquired into ; and
- (iv) whether or not, in the light of their findings on questions (i) to (iii) above, they are proceeding with a further inquiry into all or any of the matters complained of.
§ (6) Where the Committee have decided that they are proceeding with such further enquiry, the parties shall be entitled to be heard in person or by Counsel or Agents and the Committee shall report on such further enquiry to the House before the end of the prescribed period.
§ (7) For the purposes of Public Business Standing Order No. 67A the proceedings on an expedited hybrid instrument shall be terminated when:—
- (i) the Chairman of Committees has reported under paragraph (3) of this Standing Order that no petition against the instrument has been received in the Office of the Clerk of the Parliaments within the ten days allowed by paragraph (2) of this Standing Order; or
- (ii) the Hybrid Instruments Committee have reported under paragraph (5)(a) of this Standing Order that no petitioner has a locus standi; or
- (iii) the Hybrid Instruments Committee have reported that they are not proceeding with a further enquiry into the matters complained of; or
- (iv) the Hybrid Instruments Committee have reported on the further inquiry referred to in paragraph (6) above; or
- (v) the prescribed period has expired.
§ (8) If a further instrument is made or laid in draft to substantially the same effect as the previous instrument, it may be substituted for the previous instrument for the purposes of proceedings under this Standing Order where such proceedings have not been completed before the prescribed period has expired.
§ (9) Any report required to be made to the House under this Standing Order shall, if the House is adjourned, be printed and shall be laid on the Table of the House at its next sitting.
§ Public Business Standing Order 67A
§ Affirmative Instruments
§ (1) No motion for a resolution of the House to approve an affirmative instrument shall be moved until:—
- (a) there has been laid before the House the report thereon of the Joint Committee on Statutory Instruments ; and
- (b) in the case of a hybrid instrument, the proceedings under Private Business Standing Order 216 or 216A have been terminated.
§ (2) In this Standing Order " affirmative instrument" means an Order in Council, departmental order, rules, regulations, scheme or other similar instrument presented to or laid or laid in draft before the House where an affirmative resolution is required before it, or any part of it, becomes effective, or is made, or is a condition of its continuance in operation; but the expression does not include a Measure laid before the House under the Church of England Assembly (Powers) Act 1919 nor regulations made under the Emergency Powers Act 1920.
§ (3) An Order in Council that may not be made except in response to an address by the House to Her Majesty is an affirmative instrument within the meaning of this Standing Order, and a motion for an address to Her Majesty praying that an order be made is a motion to approve the order.
§ (4) An order, rules, regulations, scheme or instrument laid in draft before the House for the purpose of being affirmed by resolution of the House is an affirmative instrument within the meaning of this Standing Order notwithstanding that, if the draft is not approved, that instrument is subject to annulment in pursuance of a resolution of either House.
§ On Question, Motion agreed to.