UK Parliament — House of Commons

The Business, Energy and Industrial Strategy Committee shall be the select committee to examine and report on-

every draft order laid before the House under sections 14 or 18 of the Legislative and Regulatory Reform Act 2006 ('the Act'), other than one laid under section 18 of the Act as applied by section 7 of the Localism Act 2011 or by section 5E of the Fire and Rescue Services Act 2004;

any subordinate provisions order or draft of such an order made or proposed to be made under sections 1 and 4 of the Regulatory Reform Act 2001 (except those not made by a Minister of the Crown);

any matter arising from its consideration of such orders or draft orders; and

matters relating to regulatory reform;

and to carry out its functions under Standing Order No. 142 (Localism Act 2011, etc.: scrutiny of certain orders and draft orders).

In the case of every draft order referred to in paragraph (1)(i) above the committee shall consider the Minister's recommendation under section 15(1) of the Act as to the procedure which should apply to it and shall report to the House any recommendation under the Act that a different procedure should apply.

In its consideration of draft orders under Part 1 of the Act the committee shall include in each case, in addition to such other matters as it deems appropriate, whether provision in the draft order-

appears to make an inappropriate use of delegated legislation;

serves the purpose of removing or reducing a burden, or the overall burdens, resulting directly or indirectly for any person from any legislation (in respect of a draft order under section 1 of the Act);

serves the purpose of securing that regulatory functions are exercised so as to comply with the regulatory principles, as set out in section 2(3) of the Act (in respect of a draft order under section 2 of the Act);

secures a policy objective which could not be satisfactorily secured by non-legislative means;

has an effect which is proportionate to the policy objective;

strikes a fair balance between the public interest and the interests of any person adversely affected by it;

does not remove any necessary protection;

does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;

is not of constitutional significance;

makes the law more accessible or more easily understood (in the case of provisions restating enactments);

has been the subject of, and takes appropriate account of, adequate consultation;

gives rise to an issue under such criteria for consideration of statutory instruments laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)) as are relevant;

In relation to every draft order laid under section 14 of the Act subject to the negative or affirmative procedure under sections 16 or 17 of the Act, the committee shall report its recommendation whether the draft order should be made (in the case of the negative procedure) or approved (in the case of the affirmative procedure), indicating in the case of the latter whether the recommendation was agreed without a division.

In relation to every draft order laid under section 14 of the Act subject to the super-affirmative procedure under section 18 of the Act, the committee shall report its recommendation as to whether-

the draft order should be proceeded with unamended under section 18(3) of the Act; or

a revised draft order should be laid under section 18(7) of the Act; or

no statement under section 18(3) or revised draft order under section 18(7) should be laid.

In relation to every draft order or revised draft order referred to in paragraph (1)(i) of this order that is subject to the super-affirmative procedure and is being proceeded with under section 18(3) or 18(7) of the Act, the committee shall report its recommendation whether the draft order or revised draft order should be approved, indicating in the case of draft orders which it recommends should be approved whether its recommendation was agreed without a division; and in respect of such draft orders or revised draft orders the committee shall consider in each case all such matters set out in paragraph (3) of this order as are relevant and the extent to which the Minister concerned has had regard to any resolution or report of the committee or to any other representations made during the period for parliamentary consideration.

It shall be an instruction to the committee considering draft orders referred to in paragraph (1)(i) of this order and being proceeded with under section 18(3) or 18(7) that it report not more than fifteen sitting days (in the case of an order under section 18(3)) or twenty-five sitting days (in the case of an order under section 18(7)) after the relevant statement is laid.

In relation to every draft order or revised draft order referred to in paragraph (1)(i) of this order, the committee shall report any recommendation under section 16(4) of the Act that the draft order be not made, or under sections 17(3), 18(5) or 18(9) of the Act that no further proceedings be taken in relation to the draft order.

In its consideration of any subordinate provisions order under paragraph (1)(ii) of this order, the committee shall in each case consider whether the special attention of the House should be drawn to it on any of the grounds laid down in paragraph (1) of Standing Order No. 151 (Statutory Instruments (Joint Committee)); and if the committee is of the opinion that any such order or draft order should be annulled, or, as the case may be, should not be approved, they shall report that opinion to the House.

In undertaking functions under this order, the committee and any sub-committee of it shall have the assistance of Counsel to the Speaker.

In undertaking functions under this order, the committee and any sub-committee of it shall have power to invite Members of the House who are not members of the committee to attend meetings at which witnesses are being examined in relation to matters within paragraphs (1)(i) to (iii) and such Members may, at the discretion of the chair, ask questions of those witnesses; but no Member not being a member of the committee shall otherwise take part in the proceedings of the committee or sub-committee, or be counted in the quorum.

It shall be an instruction to the committee that before reporting on a draft order it shall afford to any government department concerned an opportunity of furnishing orally or in writing to it or to the sub-committee appointed by it such explanations as the department thinks fit, except to the extent that the committee considers that it is not reasonably practicable to do so without risking the opportunity for effective exercise of a function conferred on it under section 15, 16, 17 or 18 of the Act or under section 19 of the Localism Act 2011.

There shall be a select committee, called the Deregulation Committee, to examine every document containing proposals laid before the House under section 3, and every draft order proposed to be made under section 1, of the Deregulation and Contracting Out Act 1994.

The committee shall report to the House, in relation to every document containing proposals laid before the House under the said section 3, either

that a draft order in the same terms as the proposals should be laid before the House; or

that the proposals should be amended before a draft order is laid before the House; or

that the order-making power should not be used in respect of the proposals.

The committee shall report to the House, in relation to every draft order laid before the House under the said section 1, its recommendation whether the draft order should be approved.

The committee may report to the House on any matter arising from consideration of the said proposals or draft orders.

in its consideration of proposals the committee shall consider in each case whether the proposals

appear to make an inappropriate use of delegated legislation;

remove or reduce a burden or the authorisation or requirement of a burden;

continue any necessary protection;

have been the subject of, and take appropriate account of, adequate consultation;

impose a charge on the public revenues or contain provisions requiring payments to be made to the Exchequer or any government department or to any local or public authority in consideration of any licence or consent or of any services to be rendered, or prescribe the amount of any such charge or payment;

purport to have retrospective effect;

give rise to doubts whether they are intra vires;

require elucidation or appear to be defectively drafted;

appear to be incompatible with any obligation resulting from membership of the European Union.

In its consideration of draft orders, the committee shall consider in each case all the matters set out in sub-paragraph (A) above and the extent to which the Minister concerned has had regard to any resolution or report of the Committee or to any other representations made during the period for parliamentary consideration.

The committee shall consist of sixteen members.

The quorum of the committee shall be five.

Unless the House otherwise orders, each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament.

The committee shall have power-

to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place within the United Kingdom, and to report from time to time;

to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference;

to appoint a sub-committee, of which the quorum shall be two, which shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, and to adjourn from place to place within the United Kingdom;

to communicate its evidence and any other documents relating to matters of common interest to any committee appointed by this House and to any committee appointed by the Lords to examine deregulation proposals and draft orders.

The committee and the sub-committee shall have leave to meet concurrently with any select committee appointed by the Lords to examine deregulation proposals and draft orders and any sub-committee thereof.

The committee and the sub-committee shall have the assistance of the Counsel to the Speaker and, if their Lordships think fit, the Counsel to the Lord Chairman of Committees.

The committee and the sub-committee shall have power to invite Members of the House who are not members of the committee to attend meetings at which witnesses are being examined and such Members may, at the discretion of the chairman, ask questions of those witnesses; but no Member not being of the committee shall otherwise take part in the proceedings of the committee or sub-committee, or be counted in the quorum.

It shall be an instruction to the committee that before reporting either

that any proposal should be amended before a draft order is laid before the House, or

that the order-making power should not be used in respect of any proposal, or

that any draft order should not be approved,

it shall afford to any government department concerned an opportunity of furnishing orally or in writing to it or to the sub-committee appointed by it such explanations as the department think fit.

It shall be an instruction to the committee that it report on every draft order not more than fifteen sitting days after the draft order was laid before the House, indicating in the case of draft orders which it recommends should be approved whether its recommendation was agreed without a division.