Proceedings in the Commons

31.37If the affirmative procedure applies, the Minister must wait for the 40-day period to elapse before moving a motion in the House to approve the draft order.1 If the super-affirmative procedure applies, the Regulatory Reform Committee is required to report within 15 sitting days of the Minister's statement that he or she proposes to proceed with the draft instrument without amendment, or within 25 sitting days of a revised draft order being laid.2 The Minister is not obliged to wait for the Committee's report before moving a motion in the House to approve the draft order, but normally no such motion is tabled until the Committee has reported, because the form of the proceedings on the motion is determined by the Committee's recommendation. If the Committee has recommended that the draft order be approved, and if this report was agreed without a division in the Committee, the question on the motion to approve the draft order must be put forthwith. If the Committee has recommended approval of the draft order, but only after a division, debate on the motion may continue for not more than one-and-a-half hours. If the Committee has reported that a draft order should not be approved, the House has first to consider a motion to disagree with the Committee's report (a motion which may be debated for not more than three hours). If the House should resolve to disagree with the report, the question on the motion to approve the draft order must then be put forthwith.3

A list setting out draft legislative reform orders before the Commons, and summarising the Committee's action upon them, is issued once a week on the parliamentary website.

Footnotes

  1. 1. See CJ (2008–09) 477, 570, for an occasion on which the 40-day limit was overlooked and the approval motion was moved again.
  2. 2. SO No 141(7).
  3. 3. SO No 18.