The Government proposes using existing types of statutory instrument procedure. ¹² These allow Parliament to see all statutory instruments, with different levels of scrutiny. The most commonly used procedures are the negative procedure (which does not require debate) and the affirmative procedure (which requires debate and approval by both Houses). Parliamentary committees scrutinise statutory instruments for technical and policy content. Under the negative procedure, members of either House can require a debate, and if necessary, require a vote.

High

¹² The various types of scrutiny procedure for statutory instruments are described in House of Commons Library note SN06509, available at ‘Statutory Instruments’, House of Commons Library Briefing Paper Number 06509, 15 December 2016. http://researchbriefings.files.parliament.uk/documents/SN06509/SN06509.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/604516/Great_repeal_bill_white_paper_accessible.pdf

Chapter 3, Paragraph 3.21