Moved by
Lord Hodgson of Astley Abbotts
238: Schedule 7, page 45, line 23, at end insert—
“Parliamentary committees to sift regulations made under section 7, 8 or 9 and the super-affirmative procedure
3A_(1) This paragraph applies if a Minister of the Crown—
(a) proposes to make a statutory instrument to which paragraph 1(1), 6(1), or 7(1) applies, and
(b) is of the opinion that the instrument should be subject to approval by resolution of each House of Parliament (“the affirmative procedure”).
(2) Before laying a draft of the instrument, the Minister must lay before both Houses of Parliament a memorandum setting out the reasons for the Minister’s opinion that the instrument should be subject to the affirmative procedure.
(3) The affirmative procedure applies unless, within the relevant period, either House of Parliament requires the super-affirmative procedure to apply, in which case the super-affirmative procedure applies.
(4) A House of Parliament is taken to have required the super-affirmative procedure to apply within the relevant period if—
(a) a committee of the House charged with reporting on the instrument has recommended, within the period of 10 sitting days beginning with the first sitting day after the day on which the memorandum was laid before the House, that the super-affirmative procedure should apply, and
(b) that House has not by resolution rejected the recommendation within a period of 5 sitting days beginning with the first sitting day after the day on which the recommendation is made.
(5) For the purposes of this paragraph—
(a) where an instrument is subject to the super-affirmative procedure, it may not be made unless the procedures set out in paragraph 3B have been followed,
(b) “sitting day” means, in respect of either House, a day on which that House sits.
(6) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.”