Statutory Instruments (Amendment) Bill [HL]

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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Available Versions

16 Jul 2025
Commons: Committee
Bill 289 2024-25 (as brought from the House of Lords)
No digital version of this Bill was published by Parliament
14 Mar 2025
Lords: Report
HL Bill 14 (as introduced)
(0 amendments)
This bill was unamended at Committee Stage
2 Sep 2024
Lords: Committee
HL Bill 14 (as introduced)
(6 amendments)

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Bill PDF
HL Bill 14 (as introduced)
Latest Amendments
HL Bill 14-I Marshalled list for Committee

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Page 1

1
Conditional amendments
 
 
After section 6 of the Statutory Instruments Act 1946 , insert—
 
“6A
Conditional Amendments
 
 
(1)
The House of Lords may by motion determine that approval of a draft
 
 
statutory instrument be withheld pending the resolution of its concerns
5
 
as communicated to the House of Commons.
 
 
(2)
On receipt of a communication under subsection (1) , a Minister must
 
 
table a motion for resolution in the House of Commons regarding the
 
 
concerns expressed, allowing that House to—
 
 
(a)
reject the concerns, or
10
 
(b)
request the Minister to make amendments to the draft
 
 
instrument.
 
 
(3)
Where the concerns expressed are rejected under subsection (2) (a) , the
 
 
House of Lords may proceed to approve or disapprove the draft
 
 
instrument.
15
 
(4)
Where a request is received under subsection (2) (b) , the Minister must
 
 
within 40 days of its receipt—
 
 
(a)
withdraw the draft instrument, or
 
 
(b)
withdraw the draft instrument and lay a further copy of the
 
 
draft instrument, as amended or as unamended, before each
20
 
House of Parliament in accordance with the provisions of
 
 
section 6.
 
 
(5)
The House of Lords may consider a draft instrument as relaid under
 
 
subsection (4) (b) ; however, the provisions in subsections (1) to (4) do
 
 
not apply to the relaid instrument.”
25

Page 2

2
Corrections of statutory instruments
 
 
After section 7 of the Statutory Instruments Act 1946 , insert—
 
“7A
Corrections of statutory instruments
 
 
(1)
A Minister of the Crown or any person having power to make, confirm
 
 
or approve statutory instruments may, within forty days of final
5
 
approval of a draft instrument promoted by them, correct any errors
 
 
in the instrument that do not change the meaning of the legislation,
 
 
where such a correction would avoid the instrument being misleading;
 
 
such corrections cannot be used to correct substantive errors or to
 
 
correct an instrument that fails to secure its intended effect because
10
 
circumstances have changed.
 
 
(2)
Copies of the amended statutory instrument must be printed and
 
 
published under the provisions of section 2 in like manner.”
 
3
Consequential provisions
 
 
(1)
In subsection 7(1) of the Statutory Instruments Act 1946 , for “two” substitute
15
 
“three”.
 
 
(2)
In subsection 7(2) of the Statutory Instruments Act 1946 , for “three” substitute
 
 
“four”.
 
4
Extent, commencement and short title
 
 
(1)
Any amendment made by this Act has the same extent as the provision
20
 
amended.
 
 
(2)
The provisions of this Act come into force six months after the day of Royal
 
 
Assent.
 
 
(3)
This Act may be cited as the Statutory Instruments (Amendment) Act 2024.
 
Amendments
Opposition Amendment 1

Tabled: 12 Mar 2025
HL Bill 14-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 1, page 1, line 5, after “withheld” insert “for forty days”

Type: Opposition

Signatures: 1

Baroness Finn (Con - Life peer) - 12 Mar 2025
Shadow Minister (Cabinet Office)

Member's explanatory statement

This amendment and another in the name of Baroness Finn would ensure that a Statutory Instrument which is challenged by the House of Lords under section 1 can only be withheld for a maximum of forty days, after which it shall be approved.

Opposition Amendment 2

Tabled: 12 Mar 2025
HL Bill 14-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 1, page 1, line 7, leave out “must” and insert “may”

Type: Opposition

Signatures: 1

Baroness Finn (Con - Life peer) - 12 Mar 2025
Shadow Minister (Cabinet Office)

Member's explanatory statement

This amendment and another in the name of Baroness Finn would ensure that a Statutory Instrument which is challenged by the House of Lords under section 1 can only be withheld for a maximum of forty days, after which it shall be approved.

Opposition Amendment 3

Tabled: 12 Mar 2025
HL Bill 14-I Marshalled list for Committee

This amendment was NOT MOVED

Clause 1, page 1, line 23, leave out first “may” and insert “must”

Type: Opposition

Signatures: 1

Baroness Finn (Con - Life peer) - 12 Mar 2025
Shadow Minister (Cabinet Office)

Member's explanatory statement

This amendment would ensure any statutory instrument that is relaid under subsection (4)(b) is considered by the House of Lords.

Opposition Amendment 4

Tabled: 12 Mar 2025
HL Bill 14-I Marshalled list for Committee

This amendment was WITHDRAWN

Clause 1, page 1, line 25, at end insert—
“(6) Where for the purposes of subsection (1) the House in which the instrument is considered is the House of Commons, the rest of this section will apply with “the House of Commons” in place of “the House of Lords”.”

Type: Opposition

Signatures: 1

Baroness Finn (Con - Life peer) - 12 Mar 2025
Shadow Minister (Cabinet Office)

Member's explanatory statement

This is a probing amendment that would ensure the House of Lords does not have greater powers to amend statutory instruments than the House of Commons.

Opposition Amendment

Tabled: 12 Mar 2025
HL Bill 14-I Marshalled list for Committee

This amendment was STOOD PART

Baroness Finn gives notice of her intention to oppose the Question that Clause 2 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Finn (Con - Life peer) - 12 Mar 2025
Shadow Minister (Cabinet Office)

Member's explanatory statement

This amendment would prevent ministers from having a new power to make minor and technical changes to Statutory Instruments after they have been approved.

Opposition Amendment None

Tabled: 07 Nov 2024
HL Bill 14 Running list of amendments – 7 November 2024

NO DECISION has been made on this amendment

Clause 1, page 1, line 25, at end insert— "(6) Where for the purposes of subsection (1) the House in which the instrument is considered is the House of Commons, the rest of section 6A will apply with "the House of Commons” in place of “the House of Lords”."

Type: Opposition

Signatures: 1

Baroness Neville-Rolfe (Con - Life peer) - 07 Nov 2024
Shadow Minister (Treasury)