House of Commons – Dec. 12, 2022 – 120

“(1) This section applies where an instrument is, or, as the case may be, regulations are, subject to the super-affirmative procedure. (2) A draft of the instrument or regulations must be laid before the relevant institution. (3) The appropriate authority must have regard to— (a) any representations, (b) any resolution of the relevant institution, and (c) any recommendations of a committee of the relevant institution charged with reporting on the draft, made during the 60-day period with regard to the draft. (4) If after the expiry of the 60-day period the instrument is or, as the case may be, regulations are approved by a resolution of the relevant institution, the appropriate authority may make an instrument or statutory rule in the terms of the draft. (5) If after the expiry of the 60-day period the appropriate authority wishes to proceed with the draft but with material changes, the authority may lay before the relevant institution— (a) a revised draft, and (b) a statement giving a summary of the changes proposed. (6) If the revised draft is approved by a resolution of the relevant institution, the appropriate authority may make an instrument or, as the case may be, statutory rule in the terms of the revised draft. (7) For the purposes of this section an instrument or statutory rule is made in the terms of a draft if it contains no material changes to its provisions. (8) In this section, references to the “60-day” period in relation to any draft are to the period of 60 days beginning with the day on which the draft was laid before the relevant institution. (9) For the purposes of subsection (8) no account is to be taken of any time during which— (a) if the relevant institution is the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly, that institution is dissolved or is in recess for more than four days;

(b) if the relevant institution is both Houses of Parliament, Parliament is dissolved or prorogued, or either House of Parliament is adjourned for more than four days. (10) In this section, “relevant institution” means— (a) in the case of an instrument to be made by a Minister of the Crown— (i) for the purposes of subsections (2), (5) and (8), both Houses of Parliament, (ii) for the purposes of subsection (3), either House of Parliament, (iii) for the purposes of subsections (4) and (6), each House of Parliament (b) in the case of an instrument to be made by Scottish Ministers, the Scottish Parliament;

(c) in the case of an instrument to be made by Welsh Ministers, Senedd Cymru;

(d) in the case of regulations to be made by a Northern Ireland department, the Northern Ireland Assembly;

(e) in the case of an instrument to be made by appropriate authorities acting jointly— (i) for the purposes of subsections (2), (5) and (8), both Houses of Parliament, (ii) for the purposes of subsection (3), either House of Parliament, (iii) for the purposes of subsections (4) and (6), each House of Parliament and, as the case may be, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly.”—(Gareth Thomas.)