European Statutory Instruments Committee publishes Twelfth Report

Friday 18 Mar 2022 @ 15:33
Parliamentary Committees and Public Enquiries

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Following the Committee's meeting on Tuesday 15 March, its Twelfth Report of Session 2021-22 has been published.

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Read the report: Twelfth Report of Session 2021-22
European Statutory Instruments Committee

The Committee agreed that the affirmative procedure should apply to the following instrument:

Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

These regulations, which will be referred to here as “S.I. No. 2”, are intended to correct a drafting error in the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022, which will be referred to as “S.I. No. 1”.

The Committee asked the Department why S.I. No. 2 had been presented for sifting rather than being treated as subject to the mandatory affirmative resolution procedure in accordance with the European Union (Future Relationship) Act 2020, given that it has the effect of amending direct principal EU legislation.

The Department responded that, as the instrument amends S.I. No. 1, “which, if made, will be neither primary legislation nor retained direct principal EU legislation” the negative resolution procedure was appropriate.

The Committee took a different view and therefore recommended that the affirmative resolution was appropriate on the basis of a doubt as to whether the instrument falls within the requirements for mandatory affirmative resolution.

Click here to read more about the role of the Committee.

You can find proposed negative instruments, and follow their scrutiny journey, using the Parliamentary Statutory Instruments tracker.

The Committee welcomes comments from the public. If you would like to comment on a proposed negative instrument which has been laid for sifting by the Committee please use our engagement tool ESIPET.

Further information

Channel website: http://www.parliament.uk/

Original article link: https://committees.parliament.uk/committee/393/european-statutory-instruments-committee/news/164917/european-statutory-instruments-committee-publishes-twelfth-report/

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