1. Parliament Explained:
Delegated Legislation

2. What is delegated legislation?
•
Usually:
–
Made by a Minister
– Using powers granted by an Act of Parliament
– Called a Statutory Instrument (over 3,000 a year)
(Order/Regulations/Rules/Scheme)
•
But there are exceptions

3. Parliamentary Control
•
Set out in the enabling Act. It can be
– Affirmative (Parliament needs to say yes)
– Negative (Parliament can say no within a set time period)
– No procedure (but may still engage Parliament)

4. Laying Before Parliament
•
All instruments subject to procedure (and some not subject)
must be laid
•
Two copies to each House, with covering letters, delivered by
hand to Commons Journal Office and Lords Printed Paper Office
– Some financial SIs are only laid in the Commons
•
SIs must pass through Registrar’s system on Legislation.gov.uk
before laying

5. JCSI – scrutiny on form
•
Looks at all affirmatives and negatives, and general (i.e. not
local) no-procedure instruments
•
Considers drafting; unexpected use of powers; whether rules on
timing have been complied with and various other grounds set
out in Standing Orders
•
Does not look at policy or merits
•
Draws instruments to the attention of both Houses

6. Commons Procedure - Affirmatives
•
Government lays SI and tables motion to approve it
•
SI automatically referred to a Delegated Legislation Committee
•
DL Committee Considers SI for 1½ hours on motion “that the
Committee has considered the instrument” (2½ hours for a N
Ireland SI)
•
Motion to approve then taken forthwith in House
•
Alternatively SI debated for 1½ hours on the floor of the House

7. Commons Procedure - Negatives
•
Member tables a “prayer”
•
Government may refer the SI to a DL Committee
•
DL Committee considers instrument on neutral motion
•
Normally no further action (occasionally Opposition puts a
debated SI down for a forthwith vote on an Opposition Day)
•
Instruments are very rarely annulled

8. Where to get help
•
Contact the Journal Office: journaloffice@parliament.uk
– Guidance at
http://www.parliament.uk/documents/upload/layingpapers.pdf
•
Contact JCSI: jcsi@parliament.uk
•
Contact Registrar