UK Parliament — House of Commons

Order ID:228

All versions of this Order

Date Title Text
2022 — 30th November 141 Scrutiny of regulatory and legislative reform orders etc. (i) is not of constitutional significance;
(j) makes the law more accessible or more easily understood (in the case of provisions restating enactments);
(a) appears to make an inappropriate use of delegated legislation;
(1) The Business, Energy and Industrial Strategy Committee shall be the select committee to examine and report on-
(i) 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;
(ii) 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);
(iii) any matter arising from its consideration of such orders or draft orders; and
(iv) 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).
(2) 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.
(3) 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-
(b) 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);
(c) 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);
(d) secures a policy objective which could not be satisfactorily secured by non-legislative means;
(e) has an effect which is proportionate to the policy objective;
(f) strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(g) does not remove any necessary protection;
(h) does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(k) has been the subject of, and takes appropriate account of, adequate consultation;
(l) 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;
(5) 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-
(a) the draft order should be proceeded with unamended under section 18(3) of the Act; or
(b) a revised draft order should be laid under section 18(7) of the Act; or
(c) no statement under section 18(3) or revised draft order under section 18(7) should be laid.
(7) 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.
(8) 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.
(9) 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.
(10) In undertaking functions under this order, the committee and any sub-committee of it shall have the assistance of Counsel to the Speaker.
(11) 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.
(12) 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.
(4) 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.
(6) 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.