Order ID:398

No motion for a resolution of the House to approve an affirmative instrument shall be moved until:

except in the case of a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, a draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006, a subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, a draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, or a draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004 there has been laid before the House the report thereon of the Joint Committee on Statutory Instruments;

in the case of a draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006, a subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, a draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, or a draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004 there has been laid before the House the report thereon of the Delegated Powers and Regulatory Reform Committee; and

in the case of a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, there has been laid before the House the report thereon of the Joint Committee on Human Rights:

Provided that the report is laid

in the case of a draft remedial order, within 60 days of the laying of the draft order or

in the case of an order not approved in draft, within 119 days of making the order,

such periods to be calculated in the manner prescribed by Schedule 2 to the Act; and(d) in the case of a hybrid instrument, the proceedings under Private Business Standing Order 216 or 216A have been terminated.

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 Part 2 of the Civil Contingencies Act 2004.

An Order in Council that may not be made except in response to an address by the House to His Majesty is an affirmative instrument within the meaning of this Standing Order, and a motion for an address to His Majesty praying that an Order be made is a motion to approve the Order.

An order, rules, regulations, scheme or instrument laid in draft before the House for the purpose of being approved 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.

No motion for a resolution of the House to approve an affirmative instrument shall be moved until:

except in the case of a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, a draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006, a subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, a draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, or a draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004 there has been laid before the House the report thereon of the Joint Committee on Statutory Instruments;

in the case of a draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006, a subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, a draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, or a draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004 there has been laid before the House the report thereon of the Delegated Powers and Regulatory Reform Committee; and

in the case of a draft remedial order or remedial order laid under Schedule 2 to the Human Rights Act 1998, there has been laid before the House the report thereon of the Joint Committee on Human Rights:

Provided that the report is laid

in the case of a draft remedial order, within 60 days of the laying of the draft order or

in the case of an order not approved in draft, within 119 days of making the order,

such periods to be calculated in the manner prescribed by Schedule 2 to the Act; and(d) in the case of a hybrid instrument, the proceedings under Private Business Standing Order 216 or 216A have been terminated.

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 Part 2 of the Civil Contingencies Act 2004.

An Order in Council that may not be made except in response to an address by the House to His Majesty is an affirmative instrument within the meaning of this Standing Order, and a motion for an address to His Majesty praying that an Order be made is a motion to approve the Order.

An order, rules, regulations, scheme or instrument laid in draft before the House for the purpose of being approved 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.