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by Munro Research

Statutory Instruments (Amendment) Bill [HL]


Official Summary

A Bill to amend the Statutory Instruments Act 1946; to make provision for the conditional amendment of statutory instruments; and for connected purposes.

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Overview

This bill amends the Statutory Instruments Act 1946 to allow for conditional amendments to statutory instruments (secondary legislation) and to permit corrections of minor errors. This gives the House of Lords more power to scrutinise and influence legislation.

Description

The bill introduces two key changes:

Conditional Amendments:

It allows the House of Lords to withhold approval of a statutory instrument pending the resolution of concerns. The government must then respond by either rejecting the concerns or making amendments. If amendments are requested, the government has 40 days to either withdraw the instrument or re-present it, with or without amendments, to both Houses of Parliament. The House of Lords can then reconsider the revised instrument.

Corrections of Statutory Instruments:

The bill allows ministers to correct minor, non-substantive errors in statutory instruments within 40 days of final approval. These corrections must not alter the meaning of the legislation and cannot be used to fix substantive errors or address changes in circumstances.

The bill also makes consequential amendments to the numbering of sections within the 1946 Act.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The cost will likely be administrative, related to the processing of amendments and corrections to statutory instruments. No specific figures have been provided.

Groups Affected

The bill will primarily affect:

  • The House of Lords: Gains greater influence over the legislative process through conditional amendment powers.
  • Government Ministers: Required to respond to concerns raised by the House of Lords and to potentially amend or withdraw statutory instruments.
  • Parliamentary Committees: May be involved in the scrutiny of conditional amendments and corrections.
  • The Public: Indirectly affected by the changes in the legislative process and the potential for improved scrutiny of statutory instruments.

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