Order ID:423

There shall be a select committee consisting of seven Lords, which shall join with a committee of the House of Commons as the Joint Committee on Statutory Instruments, to consider:

every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being

a statutory instrument, or a draft of a statutory instrument;

a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument;

any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution; or

an order subject to special parliamentary procedure;

but excluding any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998, any draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006 and any subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, any draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, and any draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004; and

every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only; but not including any Scottish statutory instrument or any statutory instrument made by the Welsh ministers unless it is required to be laid before Parliament or either House of Parliament, and not including measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such measures;

with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—

that it imposes a charge on the public revenues or contains 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 prescribes the amount of any such charge or payments;

that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;

that it purports to have retrospective effect where the parent statute confers no express authority so to provide;

that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;

that there appears to have been unjustifiable delay in sending a notification under the proviso to section 4(1) of the Statutory Instruments Act 1946, where an instrument has come into operation before it has been laid before Parliament;

that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

that for any special reasons its form or purport call for elucidation;

that its drafting appears to be defective;

or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case.

There shall be a select committee consisting of seven Lords, which shall join with a committee of the House of Commons as the Joint Committee on Statutory Instruments, to consider:

every instrument which is laid before each House of Parliament and upon which proceedings may be or might have been taken in either House of Parliament, in pursuance of an Act of Parliament; being

a statutory instrument, or a draft of a statutory instrument;

a scheme, or an amendment of a scheme, or a draft thereof, requiring approval by statutory instrument;

any other instrument (whether or not in draft), where the proceedings in pursuance of an Act of Parliament are proceedings by way of an affirmative resolution; or

an order subject to special parliamentary procedure;

but excluding any remedial order or draft remedial order under Schedule 2 to the Human Rights Act 1998, any draft order proposed to be made under Part 1 of the Legislative and Regulatory Reform Act 2006 and any subordinate provisions order made or proposed to be made under the Regulatory Reform Act 2001, any draft order laid under or by virtue of section 7 or section 19 of the Localism Act 2011, and any draft order laid under or by virtue of section 5E of the Fire and Rescue Services Act 2004; and

every general statutory instrument not within the foregoing classes, and not required to be laid before or to be subject to proceedings in the Commons only; but not including any Scottish statutory instrument or any statutory instrument made by the Welsh ministers unless it is required to be laid before Parliament or either House of Parliament, and not including measures under the Church of England Assembly (Powers) Act 1919 and instruments made under such measures;

with a view to determining whether the special attention of the House should be drawn to it on any of the following grounds—

that it imposes a charge on the public revenues or contains 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 prescribes the amount of any such charge or payments;

that it is made in pursuance of any enactment containing specific provisions excluding it from challenge in the courts, either at all times or after the expiration of a specific period;

that it purports to have retrospective effect where the parent statute confers no express authority so to provide;

that there appears to have been unjustifiable delay in the publication or in the laying of it before Parliament;

that there appears to have been unjustifiable delay in sending a notification under the proviso to section 4(1) of the Statutory Instruments Act 1946, where an instrument has come into operation before it has been laid before Parliament;

that there appears to be a doubt whether it is intra vires or that it appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;

that for any special reasons its form or purport call for elucidation;

that its drafting appears to be defective;

or on any other ground which does not impinge on its merits or on the policy behind it, and to report their decision with the reasons thereof in any particular case.