Proceedings in the Lords

31.38The Delegated Powers and Regulatory Reform Committee produces a substantive report on whether the criteria set out in the Act are satisfied, and also performs the functions of the Joint Committee on Statutory Instruments in respect of the order. The Committee also applies its own test of whether the proposal is appropriate to proceed as a legislative reform order.1

If 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. No such motion may be moved until the Committee has reported on the order.

If the super-affirmative procedure applies, the Committee undertakes second-stage scrutiny when the Minister has laid a statement to proceed with the draft order in its unamended state, or when a revised draft order has been laid. No motion to approve the order may be moved until the Committee has reported.2 In its second report on a draft order, the Committee considers the extent to which any recommendations previously made about the form or content of the order have been reflected in the draft.


  1. 1. Delegated Powers and Regulatory Reform Committee, Twentieth Report of Session 2005–06, HL 192.
  2. 2. SO No 72(1).