Commentary Part 1: General Order-Making Powers Section 11: Procedure
35.This section sets out the procedure applicable to orders made under sections 1 to 5. Subsections (1) to (3) require a Minister to lay a draft order and explanatory document before Parliament, but the Minister may not do so for 12 weeks from the beginning of the consultation process. Subsection (4) provides that any orders must be approved by Parliament through the use of the affirmative procedure (approval by a resolution of each House of Parliament) unless the procedure described in the following paragraph applies.
36.Subsections (5) to (9) provide for an enhanced affirmative procedure if either House of Parliament so requires, or a Committee of either House so recommends (and the recommendation is not rejected by the House). Such a resolution or recommendation must be made within 30 days of the laying of a draft order. The enhanced procedure extends the scrutiny period for an order to 60 days, and requires a Minister to have regard to any recommendations or representations made by Parliament during this period. Following the conclusion of the scrutiny period, a Minister would have the option of laying a revised draft order.