Schedule 5: Regulation made under this Act
Schedule 5 sets out the parliamentary scrutiny procedures by which regulations can be made under the powers contained in the Act. The main procedures are the draft affirmative (generally referred to as the affirmative), the negative (subject to a sifting procedure, in certain cases) and, for urgent cases, the made affirmative.
Draft affirmative resolution procedure: these instruments cannot be made unless a draft has been laid before and approved by both Houses.
Negative resolution procedure: these instruments become law when they are made (they may come into force on a later date) and remain law unless there is an objection from either House. The instrument is laid after making, and subject to annulment if a motion to annul (known as a ‘prayer’) is passed within forty days.
Made affirmative resolution procedure: these instruments can be made and come into force before they are debated, but cannot remain in force unless approved by both Houses within 28 days. The 28 day time limit for approval does not include time when Parliament is dissolved, prorogued or adjourned for more than 4 days. The Government believes that the time frames surrounding the Bill’s passage might necessitate the use of the made affirmative procedure so the Act allows for this as a contingency.