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 16 of the Legislative and Regulatory Reform Act 2006. It does not allow for amendments, nor is there normally any debate before it is passed into law. However either house of Parliament can choose to debate it and vote against it. Debate is extremely unusual.
The negative resolution procedure is the most common way chosen for SIs are passed into law. The assumption behind the use of the negative resolution procedure is that the content of the SI will not be controversial.
The explanatory notes for the bill set out how procedure works, set out in what is now Section 16:
61. This clause sets out the procedure which will apply where an order is to be made under the negative resolution procedure. The Minister may make an order in the terms of the draft he laid (allowing for non-material changes) unless, within 40 days of the draft order being laid, either House of Parliament passes a resolution that the order may not be made.
Codes that use the procedure relevant to ORG
- See Section 16, Legislative and Regulatory Reform Act 2006
- Legislative and Regulatory Reform Bill Explanatory Notes January 2006
- Section 45, Freedom of Information Act 2000, legislation.gov.uk