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Super-affirmative procedure

The super-affirmative procedure involves an additional stage of scrutiny where Parliament considers a proposal for a statutory instrument before the statutory instrument is formally presented (‘laid’). This procedure is used for statutory instruments that are considered to need a particularly high level of scrutiny.

There are some specialised categories of statutory instrument that are used for particular purposes that are, or can be, considered under the super-affirmative procedure. These statutory instruments usually amend or repeal Acts of Parliament. Examples include legislative reform orders, localism orders, public bodies orders, regulatory reform orders, and remedial orders.

Under the super-affirmative procedure, a minister presents a proposal for a statutory instrument and an explanatory statement. Committees in the House of Commons and the House of Lords consider the proposal and can make recommendations. Then the minister can formally present (‘lay’) a draft of the statutory instrument under the affirmative procedure.

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