UK Parliament — House of Commons

Order ID:295

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Order numbers:

142

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Current version

Date Title Text
2022 — 30th November 142 Localism Act 2011, etc.: scrutiny of certain orders and draft orders (1) The Business, Energy and Industrial Strategy Committee shall examine and report on-
(i) every draft order laid before the House under or by virtue of section 7 of the Localism Act 2011 or section 5E of the Fire and Rescue Services Act 2004;
(ii) every draft order laid before the House under section 19 of the Localism Act 2011.
(2) In the case of every draft order referred to in paragraph (1)(i) the committee shall consider the Minister's recommendation under section 15(1) of the Legislative and Regulatory Reform Act 2006 ('the 2006 Act') as to the procedure which should apply to it and shall report to the House any recommendation under that Act that a different procedure should apply.
(3) In its consideration of a draft order referred to in paragraph (1)(i) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order-
(a) appears to make an inappropriate use of delegated legislation;
(b) has an effect which is proportionate to the policy objective intended to be secured;
(c) strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(d) does not remove any necessary protection;
(e) does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(f) is not of constitutional significance;
(g) has been the subject of, and takes appropriate account of, adequate consultation;
(h) 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.
(4) In its consideration of a draft order referred to in paragraph (1)(ii) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order-
(a) appears to make an inappropriate use of delegated legislation;
(b) 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 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the negative or affirmative procedure under section 16 or 17 of the 2006 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 laid under section 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the super-affirmative procedure under section 18 of the 2006 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 2006 Act; or
(b) a revised draft order should be laid under section 18(7) of the 2006 Act; or
(c) no statement under section 18(3) of the 2006 Act or revised draft order under section 18(7) of the 2006 Act should be laid.
(7) 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 2006 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.
(8) 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) of the 2006 Act that it report not more than fifteen sitting days (in the case of an order under section 18(3) of the 2006 Act) or twenty-five sitting days (in the case of an order under section 18(7) of the 2006 Act) after the relevant statement is laid.
(9) 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 2006 Act that the draft order be not made, or under section 17(3), 18(5) or 18(9) of the 2006 Act that no further proceedings be taken in relation to the draft order.
(10) In relation to every draft order laid under section 19 of the Localism Act 2011, the committee shall report its recommendation as to whether-
(a) the draft order should be proceeded with unamended under section 19(3) of that Act; or
(b) a revised draft order should be laid under section 19(7) of that Act; or
(c) no statement under section 19(3) of that Act or revised draft order under section 19(7) of that Act should be laid.
(11) In relation to every draft order or revised draft order being proceeded with under section 19(3) or 19(7) of the Localism Act 2011, 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 (4) 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.
(12) It shall be an instruction to the committee considering draft orders being proceeded with under section 19(3) or 19(7) of the Localism Act 2011 that it report not more than fifteen sitting days (in the case of an order under section 19(3) of that Act) or twenty-five sitting days (in the case of an order under section 19(7) of that Act) after the relevant statement is laid.
(13) In relation to every draft order or revised draft order referred to in paragraph (1)(ii) of this order, the committee shall report any recommendation under section 19(5) or 19(9) of the Localism Act 2011 that no further proceedings be taken in relation to the draft order.
(14) In undertaking functions under this order, the committee and any sub-committee of it shall-
(a) have the assistance of Counsel to the Speaker, and
(b) 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 paragraph (1) 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.

First appearance

2022 — 30th November 142 Localism Act 2011, etc.: scrutiny of certain orders and draft orders (1) The Business, Energy and Industrial Strategy Committee shall examine and report on-
(i) every draft order laid before the House under or by virtue of section 7 of the Localism Act 2011 or section 5E of the Fire and Rescue Services Act 2004;
(ii) every draft order laid before the House under section 19 of the Localism Act 2011.
(2) In the case of every draft order referred to in paragraph (1)(i) the committee shall consider the Minister's recommendation under section 15(1) of the Legislative and Regulatory Reform Act 2006 ('the 2006 Act') as to the procedure which should apply to it and shall report to the House any recommendation under that Act that a different procedure should apply.
(3) In its consideration of a draft order referred to in paragraph (1)(i) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order-
(a) appears to make an inappropriate use of delegated legislation;
(b) has an effect which is proportionate to the policy objective intended to be secured;
(c) strikes a fair balance between the public interest and the interests of any person adversely affected by it;
(d) does not remove any necessary protection;
(e) does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
(f) is not of constitutional significance;
(g) has been the subject of, and takes appropriate account of, adequate consultation;
(h) 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.
(4) In its consideration of a draft order referred to in paragraph (1)(ii) the committee shall include, in addition to such other matters as it deems appropriate, whether provision in the draft order-
(a) appears to make an inappropriate use of delegated legislation;
(b) 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 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the negative or affirmative procedure under section 16 or 17 of the 2006 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 laid under section 7(2) of the Localism Act 2011 or section 5E(2) of the Fire and Rescue Services Act 2004 subject to the super-affirmative procedure under section 18 of the 2006 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 2006 Act; or
(b) a revised draft order should be laid under section 18(7) of the 2006 Act; or
(c) no statement under section 18(3) of the 2006 Act or revised draft order under section 18(7) of the 2006 Act should be laid.
(7) 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 2006 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.
(8) 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) of the 2006 Act that it report not more than fifteen sitting days (in the case of an order under section 18(3) of the 2006 Act) or twenty-five sitting days (in the case of an order under section 18(7) of the 2006 Act) after the relevant statement is laid.
(9) 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 2006 Act that the draft order be not made, or under section 17(3), 18(5) or 18(9) of the 2006 Act that no further proceedings be taken in relation to the draft order.
(10) In relation to every draft order laid under section 19 of the Localism Act 2011, the committee shall report its recommendation as to whether-
(a) the draft order should be proceeded with unamended under section 19(3) of that Act; or
(b) a revised draft order should be laid under section 19(7) of that Act; or
(c) no statement under section 19(3) of that Act or revised draft order under section 19(7) of that Act should be laid.
(11) In relation to every draft order or revised draft order being proceeded with under section 19(3) or 19(7) of the Localism Act 2011, 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 (4) 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.
(12) It shall be an instruction to the committee considering draft orders being proceeded with under section 19(3) or 19(7) of the Localism Act 2011 that it report not more than fifteen sitting days (in the case of an order under section 19(3) of that Act) or twenty-five sitting days (in the case of an order under section 19(7) of that Act) after the relevant statement is laid.
(13) In relation to every draft order or revised draft order referred to in paragraph (1)(ii) of this order, the committee shall report any recommendation under section 19(5) or 19(9) of the Localism Act 2011 that no further proceedings be taken in relation to the draft order.
(14) In undertaking functions under this order, the committee and any sub-committee of it shall-
(a) have the assistance of Counsel to the Speaker, and
(b) 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 paragraph (1) 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.