31.10Exceptionally, a parent Act may contemplate the making of an instrument part of which requires affirmative approval and part of which may be exposed to annulment on a negative ‘prayer’.1 It has, however, been ruled that the House of Commons cannot accept the type of composite document in which regulations already accepted by the House are joined with regulations subject to annulment.2 The scrutiny committees have adversely commented on an instrument, part of which is not subject to any parliamentary procedure and part of which is susceptible to annulment.3
- 1. For example, Orders in Council under the Census Act 1920 (c 41), s 1(2). In this case, the provisions which are subject to the affirmative procedure have been identified by being printed in italics in the order as laid. In the House of Commons, motions relating to both parts of the order have sometimes been tabled so that the scope of debate on the order was not restricted to those parts which required affirmative resolution (CJ (1959–60) 209; ibid (1964–65) 181; ibid (1969–70) 165). See also HC Deb (1964–65) 708, cc 1617, 1643–44; ibid (1969–70) 796, c 329; and ibid (1974–75) 889, c 407. In 2009, the motion referred only to the parts requiring approval: ibid (2009–10) 501, c 1030, but the debate was held in a Delegated Legislation Committee (Official Report, First Delegated Legislation Committee, 30 November 2009).
- 2. HC Deb (1950–51) 480, cc 1797–99.
- 3. Thirty-second Report of the Joint Committee on Statutory Instruments, HL 249, HC 31-xli (1985–86), para 3 and Eleventh Report of the same committee, HL 75, HC 29-xiv (1986–87), para 6.