Super affirmative procedure

Before the super affirmative procedure there was no scope for amendments to be made to statutory instruments once laid before parliament.

Before The Legislative and Regulatory Reform Act 2006 there was no scope for Parliament to amend a Statutory Instrument once it had been laid before Parliament.


Since 8th January 2007 The House of Lords or The House of Commons have been able to request the procedure they consider necessary for orders laid before Parliament, providing they choose to select a higher level of procedure. For instance if the negative resolution is recommended by the Minister this will apply unless the House of Lords or House of Commons requests the use of the affirmative or super affirmative procedure.  In these circumstances the higher procedure must be used. Either House can apply for a higher level of procedure but never a lower one. The request does not have to be from both Houses it is enough for either one to request the higher level of procedure. If the super affirmative procedure is recommended from the start it will not be subject to change.


The requirement to apply a higher level of procedure must be made within 30 days of the date the draft order is laid.


Under the super affirmative procedure the appropriate committees of either House has 60 days to make resolutions and recommendations to the draft order. At the end of the 60 days the Minister has to note the recommendations, resolutions or representations made and then has to prepare a statement for Parliament about these representations. At this time the Minister can choose either to go ahead with the draft order without amendment or lay a revised draft which will be subject to the normal affirmative procedure. 


In the time between the Minister laying the statement or the original draft with any changes and the approval being given, either house, via the appropriate scrutiny committee, can recommend that the order should not proceed.  If this happens the only way it can proceed is for the relevant House to reject the recommendation in the same session.

Legislative Reform Orders - UK Parliament

Procedure for super-affirmative resolution





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