Affirmative resolution procedure

This is a procedure for a Parliament to agree to a Statutory Instrument. The procedure to be used for any given SI will be defined in the Act that gives rise to it.

The procedure is set out in Section 17 of the Legislative and Regulatory Reform Act 2006. It does not allow for amendments before it is passed into law, but as a resolution has to be passed, a short debate is expected.

Government explanatory notes

The explanatory notes for the bill set out how procedure works, as set out in what is now Section 17:

62. This clause sets out the procedure which will apply where an order is to be made under the affirmative resolution procedure. The Minister may make an order in the terms of the draft (allowing for non-material drafting changes, for example as a result of a change of procedure at a Parliamentary committee's instigation) only if, after 40 days of the order being laid before Parliament under clause 12, the draft order has been approved by a resolution of each House of Parliament.[1]

Acts using the procedure of interest to ORG

Investigatory Powers Act 2017 Codes of Practice

The Codes of Practice in the Investigatory Powers Act 2016 Schedule 7 will be subject to the affirmative procedure.[2]

Digital Economy Act 2017 Part 3, Online pornography

Regulations defining the extent of the pornographic material to be caught and made subject to age verification must initially be made under the Affirmative resolution procedure, but subsequently will be made under the negative resolution procedure.[3]

The same hybrid of affirmative then negative procedure is used for the guidance “about the types of arrangements for making pornographic material available” and “about the circumstances in which it [the regulator]will treat services provided in the course of a business as enabling or facilitating the making available of pornographic material or extreme pornographic material.”[4]

Digital Economy Act 2017 Part 5, data sharing

The Digital Economy Act 2017 data sharing regulations made under Part 5 use this procedure.[5]

External links

  • See Section 17, Legislative and Regulatory Reform Act 2006


  1. Legislative and Regulatory Reform Bill Explanatory Notes January 2006
  2. Schedule7, para 5 (5) "A statutory instrument containing such regulations must be laid before Parliament if the regulations have been made without a draft having been laid before, and approved by a resolution of, each House of Parliament.”
  3. DEA 2017 Part 3 (1) (10) A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament. (11) But a statutory instrument containing the first regulations under that subsection may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
  4. Section 25, see (8) to (12)
  5. Section 44 (70A statutory instrument containing regulations made under this Chapter by the relevant Minister may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.