Moved by
Baroness Jolly
92: After Clause 45, insert the following new Clause—
“Super-affirmative procedure
(1) For the purposes of section 1(1), section 9(1), section 14(1) and section 18(1), the “super-affirmative procedure” is as follows.
(2) The Secretary of State must lay before Parliament—
(a) a draft of the regulations, and
(b) a document which explains the draft regulations.
(3) Where a draft of the regulations is laid before Parliament under subsection (2), no statutory instrument containing the regulations is to be laid before Parliament until after the expiry of the 30-day period.
(4) The Secretary of State must request a committee of either House whose remit includes health, science or technology to report on the draft regulations within the 30-day period.
(5) In preparing a draft statutory instrument containing the regulations, the Secretary of State must take account of—
(a) any representations,
(b) any resolution of either House of Parliament, and
(c) any recommendations of a committee under subsection (4), made within the 30-day period with regard to the draft regulations.
(6) If, after the 30-day period, the Secretary of State wishes to make regulations in the terms of the draft or a revised draft, he or she must lay before Parliament a statement—
(a) stating whether any representations, resolutions or recommendations were made under subsection (5);
(b) giving details of any representations, resolutions or recommendations so made; and
(c) explaining any changes made in any revised draft of the regulations.
(7) The Secretary of State may make a statutory instrument containing the regulations (whether or not revised) if, after the laying of the statement required under subsection (6), a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(8) In this section, reference to “the 30-day period” in relation to any draft regulations is to the period of 30 days beginning with the day on which the original draft regulations were laid before Parliament.
(9) For the purposes of subsection (8) no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”
93: After Clause 45, insert the following new Clause—
“Super-affirmative procedure: Northern Ireland
(1) For the purposes of section 1(1), section 9(1), section 14(1) and section 18(1), the “super-affirmative resolution procedure” in the Northern Ireland Assembly is as follows.
(2) The Department must request a committee of the Assembly whose remit includes health, science or technology to report on the draft order within the 30-day period.
(3) A Northern Ireland Department must take account of—
(a) any representations,
(b) any resolution of the Assembly, and
(c) any recommendations of a committee under subsection (2), made within the 30-day period.
(4) If, after the 30-day period, the Department wishes to make an order in the terms of the draft, it must lay before the Assembly a statement—
(a) stating whether any representations were made under subsection (3)(a); and
(b) if any representations were so made, giving details of them.
(5) The Department may after the laying of such a statement lay before the Assembly for approval by affirmative resolution the draft order in its initial form, or a revised draft order together with an explanation of the changes made.
(6) In this section, reference to the “30-day period” in relation to any draft order is to the period of 30 days beginning with the day on which the original draft order was laid before the Assembly.
(7) For the purposes of subsection (6) no account is to be taken of any time during which the Assembly is dissolved or adjourned for more than four days.”