Chapter 5: Legislative procedures

Form of bills                

253    Classification of bills

(1)     A bill may be introduced as—

(a)     a Government bill—a bill dealing with a matter of public policy introduced by a Minister, or

(b)     a Member’s bill—a bill dealing with a matter of public policy introduced by a member who is not a Minister, or

(c)     a local bill—a bill promoted by a local authority, which affects a particular locality only, or

(d)     a private bill—a bill promoted by a person or body of persons (whether incorporated or not) for the particular interest or benefit of that person or body of persons,—

          and a bill must show on its face which of these types it is.

(2)     If any question arises as to the classification of a bill, the Speaker decides the matter.

254    Enacting formula in bills

The enacting formula in bills introduced into the House is in the following form:

          “The Parliament of New Zealand enacts as follows:

or, in the case of bills containing a preamble:

          “The Parliament of New Zealand therefore enacts as follows:”.

255    Title

The first clause of each bill is confined to stating the title by which the Act is to be known.

256    Date of commencement

(1)     A bill must include a distinct clause stating when the bill comes into force.

(2)     If different provisions of a bill are to come into force on different dates, the distinct clause may refer to separate clauses or subclauses that state when each of those provisions comes into force.

257    Explanatory notes

Every bill as introduced must have an explanatory note that states the policy that the bill seeks to achieve, and may also explain the provisions of the bill.

258    Private bills

Every private bill must contain a preamble, setting out the facts on which the bill is founded and the circumstances giving rise to the necessity for it. If the objects of the bill could be attained otherwise than by legislation, the preamble must state why legislation is preferred.

259    Temporary law

(1)     If a bill for an Act provides that the whole of the Act itself is to be repealed or is to expire, that repeal or expiry must be provided for in a distinct clause in the bill.

(2)     If a bill for an Act provides that a provision of the Act is to be repealed or is to expire, that repeal or expiry must be provided for in a distinct clause or a distinct subclause in the bill.

(3)     This Standing Order does not apply in relation to a provision of a bill that is to be incorporated into another enactment, for example, a new section inserted into a principal Act.

260    Bills to relate to one subject area

(1)     Except as otherwise permitted by the Standing Orders, a bill must relate to one subject area only.

(2)     A bill may make consequential amendments to a number of Acts affected by its provisions.

261    Speaker to scrutinise bills

The Speaker scrutinises each bill on its introduction to ensure that it complies with Standing Order 260. Any bill that does not comply is discharged or allowed to proceed with such amendments as the Speaker directs.

Omnibus bills

262    Types of omnibus bills that may be introduced

(1)     The following types of bills may be introduced although they are omnibus in nature:

(a)     Finance bills or confirmation bills that validate or authorise action otherwise illegal or validate and confirm regulations:

(b)     Taxation bills:

(c)     Local Legislation bills that contain provisions affecting particular localities, which otherwise would have been introduced as local bills:

(d)     Māori Purposes bills that—

(i)      amend one or more Acts relating to Māori affairs, or

(ii)     deal with authorisations, transfers, and validations in respect of Māori land and property:

(e)     Reserves and Other Lands Disposal bills that—

(i)      deal only with authorisations, transfers and validations of matters relating to Crown land, reserves and other land held for public or private purposes, or

(ii)     amend a Reserves and Other Lands Disposal Act:

(f)      Statutes Amendment bills that consist entirely of amendments to Acts.

(2)     Matter more appropriate for inclusion in a Local Legislation Bill, a Māori Purposes Bill, or a Reserves and Other Lands Disposal Bill is to be included in one of those types of bills rather than a Finance Bill.

263    Other omnibus bills

An omnibus bill to amend more than one Act may be introduced if—

(a)     the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy, or

(b)     the amendments to be effected to each Act are of a similar nature in each case, or

(c)     the Business Committee has agreed to the bill’s introduction as an omnibus bill.

General provisions

264    Same bill or amendment not to be proposed

The following may not be proposed in the same calendar year:

(a)     a bill that is the same in substance as a bill that received, or was defeated on, a first, second, or third reading:

(b)     an amendment to a bill that is the same in substance as an amendment that was agreed to or defeated in a committee of the whole House.

265    New Zealand Bill of Rights

(1)     Whenever a bill contains any provision which appears to the Attorney-General to be inconsistent with any of the rights and freedoms contained in the New Zealand Bill of Rights Act 1990, the Attorney-General must indicate to the House what that provision is and how it appears to be inconsistent with the New Zealand Bill of Rights Act 1990.

(2)     An indication by the Attorney-General to the House concerning the New Zealand Bill of Rights Act 1990 is made by the presentation of a paper,—

(a)     in the case of a Government bill, on the introduction of that bill, or

(b)     in any other case, as soon as practicable after the introduction of the bill.

(3)     Where the House has accorded urgency to the introduction of a bill, the Attorney-General may, on the bill’s introduction, present a paper under this Standing Order in the House.

(4)     A paper presented under this Standing Order is published under the authority of the House.

(5)     When a paper is presented under this Standing Order, it stands referred to a select committee for consideration. The paper is allocated by the Clerk to the most appropriate select committee.

266    Entrenched provisions

(1)     A proposal for entrenchment must itself be carried in a committee of the whole House by the majority that it would require for the amendment or repeal of the provision to be entrenched.

(2)     A proposal for entrenchment is any provision in a bill or amendment to a bill that would require that that provision or amendment or any other provision can be amended or repealed only by a majority of more than 50 percent plus one of all the members of the House.

267    Copies of bills

(1)     On the introduction of a bill, the member in charge must provide printed copies of the bill to the Clerk for circulation.

(2)     A bill must be reprinted when it is reported by a select committee or committee of the whole House if it is reported with amendment or is divided by the committee, except—

(a)     a bill passed under urgency, or

(b)     a bill that is set down for third reading forthwith, or

(c)     as approved by the Speaker in respect of any minor textual amendment.

(3)     A bill must be reprinted when it is divided by the Clerk following a determination of the Business Committee, except when the bill is set down for third reading forthwith.

(4)     If a bill is reprinted,—

(a)     the member in charge must provide printed copies of the reprinted bill to the Clerk for circulation, and

(b)     the bill is not available for debate until copies of it, as reprinted, have been circulated to members.

268    Passing of bills

(1)     A bill must be read three times by order of the House to be passed by the House.

(2)     On every order for the reading of a bill the title only is read.

269    Cognate bills

(1)     The House or the Business Committee may determine that any two or more bills are cognate bills. Such a determination may be made in respect of bills before or after their introduction, and may relate to any or all of the first, second, and third readings of the bills concerned.

(2)     Cognate bills that are set down on the Order Paper for the same stage are taken as one question for the purpose of debate, provided that the member in charge of a cognate bill or bills may require the bill or bills to be set down separately.

(3)     Unless the House or the Business Committee determines otherwise, if one or more of the cognate bills to be taken as one question under paragraph (2) is a Government bill, the time for debate on the cognate bills is the same as would apply for Government bills. 

270    Special rules in respect of Appropriation and Imprest Supply bills

The procedures for passing Appropriation bills and Imprest Supply bills are subject to the special rules set out in Chapter 6.

271    Revision bills                                                                                                             

(1)     A Revision Bill is a bill that is certified under section 33 of the Legislation Act 2012. When a certificate given under that section is presented to the House on the introduction of a bill, the procedures set out in this Standing Order apply to the bill.

(2)     There is no amendment or debate on the question for the first reading.

(3)     Following the bill’s first reading, the question is put, without amendment or debate, that the bill be considered by a subject select committee nominated in the explanatory note to the bill.

(4)     Following the presentation of the committee’s final report on the bill, the Business Committee determines arrangements for the passage of the bill.

(5)     Following the bill’s second reading, the House proceeds to the third reading forthwith, unless—

(a)     the Business Committee determines otherwise:

(b)     the Minister in charge requires the House to resolve itself into committee to consider an amendment:

(c)     an amendment has been circulated on a Supplementary Order Paper, or has been lodged with the Clerk, at least 24 hours before the House meets on the day on which the bill is read a second time, and the amendment is in order, in which case the House resolves itself into committee to consider that amendment.

(6)     There is no amendment or debate on the question for the third reading.

272    Member’s bill may be adopted by Government

(1)     The Government may, with the agreement of the member in charge, adopt a Member’s bill.

(2)     The Minister adopting a bill for the Government must notify the Speaker in writing that the bill has been adopted by the Government.

(3)     A bill adopted by the Government is thereafter treated as a Government bill.

273    Private bills

Before a private bill is introduced it must be endorsed as complying with the Standing Orders as provided in Appendix C.

274    Local bills and Local Legislation bills

(1)     Legislation that would otherwise require to be introduced by means of a local bill may be included in a Local Legislation Bill.

(2)     Before a local bill or a Local Legislation Bill is introduced it must be endorsed as complying with the Standing Orders as provided in Appendix C.

275    Withdrawal of local bills and private bills

(1)     The promoter of a local bill or a private bill may, in writing, notify the Speaker that the promoter withdraws the bill. The Speaker informs the House of any such notification.

(2)     A bill that has been withdrawn is discharged from further consideration by the House.

Introduction

276    Introduction of Government bills

A Government bill is introduced by the Leader of the House informing the Clerk on any working day, or by 1 pm on any sitting day, of the Government’s intention to introduce the bill.

277    Introduction of Members’ bills

A Member’s bill is introduced when its introduction is announced to the House by the Clerk.

278    Notice of proposal of Members’ bills

(1)     Notice of a member’s proposal to introduce a Member’s bill (notice of proposal) may be given by delivering a signed copy of the notice to the Clerk on any working day.

(2)     A notice of proposal, if in order, is held by the Clerk until the bill is introduced, unless the member in whose name the notice stands withdraws it.

(3)     A member may not, at the same time, propose more than one Member’s bill for introduction.

279    Fair copies of proposed Members’ bills

(1)     A fair copy of each proposed Member’s bill must be delivered to the Clerk no later than the time at which the member gives notice of proposal to introduce it.

(2)     The Clerk provides access through a website to fair copies of proposed Members’ bills for which the Clerk holds notices of proposal.

(3)     A fair copy of a proposed Member’s bill may be withdrawn and replaced only if the member gives a new notice of proposal at the same time. 

280    Support for proposed Members’ bills

Any member may indicate support for the introduction of a proposed Member’s bill for which the Clerk holds a notice of proposal.

281    Ballot for Members’ bills

(1)     Eight orders of the day for the first readings of Members’ bills are available for consideration at each sitting at which Members’ orders of the day take precedence. When it appears to the Clerk that fewer than eight such orders of the day will be available, the Clerk conducts a ballot to select which proposed Members’ bills are to be introduced and the order in which they are to be introduced. Such a ballot is conducted at midday on a sitting day. All notices of proposal that are held by the Clerk at 10 am that day are entered in the ballot.

(2)     Only one notice of proposal is to be entered in respect of any bills that are the same or substantially the same in substance. When the Clerk holds notices of proposal for two or more bills that are the same or substantially the same in substance, the notice that is to be entered in the ballot is (in the absence of agreement among the members concerned) determined by a preliminary ballot conducted by the Clerk.

(3)     The Clerk announces the introduction of the bill or bills selected in a ballot under paragraph (1).

282    Introduction of local bills and private bills

A local bill or a private bill is introduced when notice of intention to introduce it is given by any member by delivering a signed copy to the Clerk on any working day or by 1 pm on any sitting day.

283    Announcement of introduction of bills

The Clerk announces the introduction of bills at the time appointed by Standing Order 66.

284    Introduction of Appropriation bills, Imprest Supply bills, and bills under urgency

An Appropriation Bill, an Imprest Supply Bill, and any bill to which the House has accorded urgency may be introduced and proceeded with at any time but not so as to interrupt a debate.

First reading

285    Bills set down for first reading

(1)     After its introduction a Government bill is set down for first reading,—

(a)     in the case of a bill introduced on any sitting day, on the next Tuesday on which the House sits, or

(b)     in the case of a bill introduced on any working day that is not a sitting day, on the third sitting day following.

(2)     A private bill, local bill, or Member’s bill is set down for first reading on the third sitting day following its introduction.

(3)     Urgency may be accorded to the first reading of a bill despite the bill not being available to be set down for first reading under paragraph (1) or (2).

286    First reading

The motion on the order of the day for the first reading of a bill is that the bill be now read a first time.

287    Speech of member moving first reading

(1)     The member moving the bill’s first reading must, on the commencement of that member’s speech,—

(a)     nominate the select committee to consider the bill, and

(b)     if it is proposed to move for any special powers or instruction in respect of the committee’s consideration of the bill, indicate the terms of that proposed motion.

(2)     Following the member’s speech, written notice of any special powers or instruction to be moved must be delivered to the Clerk at the Table.

(3)     This Standing Order does not apply in respect of a bill that is not to stand referred to a select committee under Standing Order 288.

288    Referral to select committee

(1)     A bill stands referred to a select committee for consideration after its first reading unless the House has otherwise accorded urgency to it.

(2)     An Appropriation Bill and an Imprest Supply Bill do not stand referred to a committee.

289    Determination of committee to consider bill

(1)     At any time before the question is put on a bill’s first reading, a member may deliver to the Clerk at the Table a nomination of a select committee, other than the committee nominated under Standing Order 287(1)(a), to consider the bill.

(2)     Following the bill’s first reading, the question is put that the bill be considered by the committee nominated under Standing Order 287(1)(a). If the question is lost, the question is put on any nomination of another select committee made under paragraph (1). There is no amendment or debate on a question for the nomination of a committee to consider the bill.

(3)     The committee to consider the bill may be a committee to be specially established by motion with notice.

290    Instruction to select committee

(1)     When the House has determined the committee to consider the bill, and if the terms of a motion for any special powers or instruction in respect of the committee’s consideration of the bill have been indicated under Standing Order 287(1)(b), the member in charge may move that motion.

(2)     If an instruction relates only to the time for report on the bill, and provides for the time for report on the bill to be between four and six months, there is no debate on the question or on any amendment to the question.

(3)     Any debate on the question for a motion under this Standing Order is restricted to the special powers or instruction set out in the motion. It may not extend to the principles, objects, or provisions of the bill to which the motion relates.

Select committee consideration

291    Select committee consideration of bills

(1)     Each select committee to which a bill is referred examines the bill and—

(a)     determines whether to recommend that the bill be passed, and

(b)     may recommend amendments in accordance with Standing Order 292.

(2)     In the case of a private bill, the committee also determines whether or not the statements in the preamble have been proved to the satisfaction of the committee.

(3)     In the case of a Local Legislation Bill, the committee also determines whether, in the committee’s opinion, any clause or clauses should more properly be the subject of a local bill.

(4)     A report by a select committee on a bill indicates the committee’s determinations on the matters set out in this Standing Order.

292    Recommendation of amendments

(1)     Except as otherwise provided in this Standing Order, a select committee may recommend only amendments that are relevant to the subject-matter of the bill, are consistent with the principles and objects of the bill, and otherwise conform to the Standing Orders and the practices of the House.

(2)     Further to paragraph (1), a committee may not recommend an amendment to a local bill or a private bill that is outside the scope of the notices advertising the intention to introduce or promote the bill.

(3)     Despite paragraph (1), a committee may, in the case of a Statutes Amendment Bill, recommend, by leave, a substantive amendment to an Act not amended by the bill as originally introduced.

(4)     In its report to the House recommending amendments to a bill, a committee must distinguish between those amendments adopted unanimously by the committee and those adopted by a majority of the committee.

293    Opinions from other committees

(1)     The select committee to which a bill is referred may ask any other committee for its opinion on the bill or on a part, clause, schedule, or other provision of the bill.

(2)     For the purposes of giving its opinion, the other committee may call for submissions, hear evidence, and generally consider the part, clause, schedule, or other provision. In giving its opinion to the select committee on the bill, it may, if it thinks fit, recommend amendments to the part, clause, schedule, or other provision.

294    Select committee may divide bill

(1)     A select committee may divide into two or more separate bills any bill which—

(a)     is drafted in parts, or

(b)     lends itself to division because it comprises more than one subject-matter,—

and report such bills separately to the House.

(2)     A new bill must have inserted into it an enacting formula, title, and commencement provision.

Select committee reports

295    Time for report

(1)     A select committee must finally report to the House on a bill within six months of the bill being referred to it or by such other time as fixed by the House or the Business Committee.

(2)     The Business Committee may extend the time for report for any bill.

(3)     If the committee has not reported within the time for report, the bill is discharged from further consideration by the committee and set down for its next stage in the House on the third sitting
day following.

296    Select committee reports

Following the presentation of a select committee report on a bill,—

(a)     in the case of a report other than an interim report or a special report, the bill is set down for second reading, or

(b)     in the case of an interim report or a special report, the report is set down for consideration—

on the third sitting day following, according to whether the bill is a Government bill, a Member’s bill, a local bill, or a private bill.

Second reading

297    Second reading

The motion on the order of the day for the second reading of a bill is that the bill be now read a second time.

298    Questions put at conclusion of debate

(1)     At the conclusion of the debate on the second reading of a bill, the Speaker puts a question that the amendments recommended by the committee by majority be agreed to. There is no amendment or further debate on the question.

(2)     When this question is determined, the Speaker puts a further question, that the bill be now read a second time.

299    Next stage of bill

A bill that has been read a second time is set down for consideration in committee next sitting day. The Business Committee may determine that the bill does not require consideration in committee, in which case the order of the day is altered and the bill is set down for third reading.

300    Adoption of amendments

Amendments recommended by a committee by majority that are agreed to by the House and amendments recommended by the committee unanimously are adopted as part of the bill when the bill is read a second time.

Committee stage

301    Arrangements for consideration in committee

(1)     The Business Committee may, in relation to a bill’s consideration by a committee of the whole House, determine—

(a)     how the committee will consider the bill:

(b)     that the committee’s powers are to be extended or restricted in regard to its consideration of the bill.

(2)     A determination under paragraph (1) may be made in respect of a bill before or after its introduction, and may be varied by—

(a)     a further determination of the Business Committee, or

(b)     a decision of the committee of the whole House, or

(c)     an instruction under Standing Order 176, or

(d)     postponement by the member in charge of the bill under Standing Order 303(1)(d).

(3)     Where practicable, the Government advises the Business Committee which bills are intended by the Government to be considered in committee in the next week in which the House will sit. Such advice is noted on the Order Paper unless the Business Committee agrees otherwise.

302    Consideration in committee

(1)     A committee of the whole House considers a bill to determine whether the bill properly incorporates the principles or objects of the bill as read a second time by the House.

(2)     The committee may make amendments that are relevant to the subject-matter of the bill, are consistent with the principles and objects of the bill, and otherwise conform to the Standing Orders and the practices of the House.

(3)     No amendment may be made to a local bill or a private bill that is outside the scope of the notices advertising the intention to introduce or promote the bill.

303    Order of considering bill

(1)     Subject to this Standing Order, the committee considers a bill as set out in paragraph (2) unless—

(a)     the bill is not drafted in parts, or

(b)     the committee decides otherwise, or

(c)     the Business Committee has determined otherwise, or

(d)     the member in charge of the bill requires that consideration or further consideration of a part or other provision be postponed.

(2)     When the committee considers a bill part by part, the committee considers the provisions of the bill as follows:

(a)     any preamble:

(b)     provisions contained in parts and other provisions that are not preliminary clauses:

(c)     for the purposes of debate, any schedules are considered together with the parts to which they principally relate:

(d)     questions on any schedules, which are put separately without further debate:

(e)     any preliminary clauses not in a part, which are considered together for the purposes of debate, and the questions on which are put separately without further debate.

(3)     Where a bill is not drafted in parts,—

(a)     the committee considers its provisions in sequence, and

(b)     for the purposes of debate, any schedules are considered along with the clauses to which they relate, and

(c)     questions on any schedules are put separately without further debate.

(4)     Unless otherwise specified, consideration or further consideration of—

(a)     any postponed clause or part is taken when all other clauses or parts have been dealt with, other than preliminary clauses that are considered together, and

(b)     any other postponed provision is taken when all other provisions have been dealt with.

304    Numbers only read

In reading the clauses or other provisions of a bill it is sufficient to read the numbers only.

305    Questions to be proposed in committee

(1)     A question is proposed that each provision stand part of the bill or as amended stand part of the bill. In the case of a tie, the provision stands part of the bill.

(2)     If any member objects to a clause standing part of a Statutes Amendment Bill (or of a bill that was formerly part of a Statutes Amendment Bill), the clause is struck out of the bill.

306    Amendments may be placed on Supplementary Order Paper

Any member intending to move an amendment to a bill may lodge a written copy of the amendment with the Clerk in time for the amendment to be printed on a Supplementary Order Paper and circulated to members.

307    Consideration of amendments

(1)     Any relevant amendment that is on a Supplementary Order Paper that has been circulated to members, or that is delivered to the Clerk at the Table, can be referred to in the course of the debate on the provision proposed to be amended.

(2)     If an amendment is not on a Supplementary Order Paper, six copies of the amendment must be delivered to the Clerk at the Table.

(3)     At the conclusion of the debate on a provision, the question on any amendment or motion to change a Vote that is in order is put.

(4)     The chairperson, at his or her discretion, may put a single question on a group of amendments if—

(a)     the amendments stand in the name of the same member:

(b)     the amendments lend themselves to being grouped on account of their content or subject-matter, or because they form a single alternative proposition:

(c)     grouping of the amendments is necessary to enable the committee’s effective consideration of the bill.

(5)     Where amendments are proposed that, in the opinion of the chairperson, are the same in substance, the chairperson may select amendments on which to put a question, in order to test the will of the committee.

308    Amendments of member in charge

(1)     The member in charge of a bill can require that any or all amendments in that member’s name to a provision be put as one question.

(2)     If two or more amendments occur at the same place in the bill, then, subject to paragraph (3),—

(a)     an amendment proposed by the member in charge of the bill is taken ahead of an amendment proposed by another member, and

(b)     amendments (not being amendments of the member in charge of the bill) are put in the order in which they were lodged with, or delivered to, the Clerk.

(3)     Amendments put as one question under paragraph (1) are taken after other amendments to the provision unless the member in charge of the bill requires otherwise.

309    Committee may divide bill

(1)     A committee of the whole House may divide into two or more separate bills any bill that—

(a)     is drafted in parts, or

(b)     lends itself to division because it comprises more than one subject-matter—

and in respect of which a Supplementary Order Paper notifying the intention to move for division of the bill into separate bills has been circulated.

(2)     The Supplementary Order Paper must show how it is proposed to divide the bill, setting out the enacting formula, title, and commencement provision for each new bill. The Supplementary Order Paper may also set out a principal Act clause for any or all of the new bills.

(3)     A motion to divide a bill into separate bills, as set out on the Supplementary Order Paper, is moved after the bill has been fully considered by the committee.

(4)     On determining that a bill does not require consideration in committee, the Business Committee may also determine that the Clerk divide the bill in the manner set out on a Supplementary Order Paper under this Standing Order. The bills so divided are set down for third reading.

310    Adoption of report on bill

If the report on a bill is adopted, the bill is set down for third reading or for further consideration in committee next sitting day, as the case may be.

Third reading and passing

311    Recommittal

A motion to recommit a bill to a committee of the whole House may be moved after the order of the day for the third reading of the bill has been called. There is no amendment or debate on
the question.

312    Third reading

(1)     The motion on the order of the day for the third reading of a bill is that the bill be now read a third time.

(2)     At the option of the member in charge, the third readings of each bill divided out of a bill during the committee stage, or by determination of the Business Committee, may be taken together.

313    Members’ bills, local bills, and private bills affecting rights or prerogatives

No Member’s bill, local bill, or private bill that contains any provision affecting the rights or prerogatives of the Crown may be passed unless the Crown has, by message, indicated its consent to that provision.

314    Bill passed

When a bill has been read a third time, it has been passed by the House.

315    Bills passed to be printed fair, authenticated, and presented for Royal assent

When a bill has been passed it is printed fair, by direction of the Clerk, who authenticates two prints of it and presents them for the Royal assent.

316    Verbal or formal amendments

In preparing the bill for the Royal assent, amendments of a verbal or formal nature may be made and clerical or typographical errors may be corrected in any part of the bill by the Clerk.

317    After Royal assent given

When the Royal assent to a bill has been given, the Clerk deposits one of the fair prints of the bill with the Registrar of the High Court at Wellington, and retains the second.

Delegated legislation

318    Functions of Regulations Review Committee

(1)     The Regulations Review Committee examines all regulations.

(2)     A Minister may refer draft regulations to the committee for consideration and the committee may report on the draft regulations to the Minister.

(3)     In respect of a bill before another committee, the committee may consider—

(a)     any regulation-making power, and

(b)     any matter relating to regulations,—

and report on it to the committee that is considering the bill.

(4)     The committee may consider any matter relating to regulations and report on it to the House.

(5)     The committee investigates complaints about the operation of regulations, in accordance with Standing Order 320, and may report on the complaints to the House.

319    Drawing attention to regulation

(1)     In examining a regulation, the committee considers whether it ought to be drawn to the special attention of the House on one or more of the grounds set out in paragraph (2).

(2)     The grounds are, that the regulation—

(a)     is not in accordance with the general objects and intentions of the enactment under which it is made:

(b)     trespasses unduly on personal rights and liberties:

(c)     appears to make some unusual or unexpected use of the powers conferred by the enactment under which it is made:

(d)     unduly makes the rights and liberties of persons dependent upon administrative decisions which are not subject to review on their merits by a judicial or other independent tribunal:

(e)     excludes the jurisdiction of the courts without explicit authorisation in the enactment under which it is made:

(f)      contains matter more appropriate for parliamentary enactment:

(g)     is retrospective where this is not expressly authorised by the enactment under which it is made:

(h)     was not made in compliance with particular notice and consultation procedures prescribed by applicable enactments:

(i)      for any other reason concerning its form or purport, calls for elucidation.

320    Procedure where complaint made concerning regulation

(1)     Where a complaint is made to the committee or to the chairperson of the committee by a person or organisation aggrieved at the operation of a regulation, the complaint must be placed before the committee at its next meeting for the committee to consider whether, on the face of it, the complaint relates to one of the grounds on which the committee may draw a regulation to the special attention of the House.

(2)     The person or organisation making the complaint is given an opportunity to address the committee on the regulation unless the committee agrees by unanimous resolution not to proceed with the complaint.

321    Disallowance motion does not lapse

(1)     A notice of a motion for the disallowance of a disallowable instrument or any provisions of a disallowable instrument, as referred to in section 43(1) of the Legislation Act 2012, does not lapse and is retained on the Order Paper until dealt with by the House.

(2)     This Standing Order applies only to a notice of motion given by a member who, when giving the notice, is a member of the Regulations Review Committee.

322    Affirmative resolution procedure

(1)     Any notice of a motion that the House approve a regulation, a proposed regulation, or an instruction under any statute stands referred to a select committee. The notice of motion is allocated by the Clerk to the most appropriate select committee for consideration.

(2)     The committee must report to the House on any notice of motion that has been referred under this Standing Order, no later than the first working day 28 days after the day on which the notice of motion was lodged.

(3)     No motion to approve a regulation, a proposed regulation, or an instruction may be moved until—

(a)     after the committee to which the notice of motion was referred reports, or

(b)     the first working day after 28 days have passed since the day on which the notice of motion was lodged, whichever is the earlier.

(4)     If the committee to which the notice of motion was referred recommends to the Government that the regulation, proposed regulation, or instruction to which the notice of motion relates be amended, a further notice of motion for the approval of a regulation, proposed regulation, or instruction that incorporates the amendment or amendments recommended by the committee, and only that amendment or those amendments, does not stand referred to a select committee under paragraph (1).

323    Negative resolution procedure

(1)     Any notice of a motion that the House, under any statute, disallow, disapply, revoke, or otherwise not approve of a regulation or other instrument, other than a notice of motion to which Standing Order 321 or 324 applies, stands referred to a select committee. The notice of motion is allocated by the Clerk to the most appropriate select committee for consideration.

(2)     A committee to which a notice of motion has been referred under this Standing Order—

(a)    examines the notice of motion and may determine whether to recommend that the motion be passed, and

(b)    must report to the House on the notice of motion no later than 10 sitting days after the day on which the notice of motion was lodged, unless paragraph (3) applies.

(3)     A member who has lodged a notice of motion that has been referred to a committee under this Standing Order is not prevented from moving the motion before the committee has presented its report to the House on the notice of motion. If a member moves a motion under this paragraph, the committee is not required to report to the House on the notice of motion.

(4)     Subject to paragraph (6), a notice of motion in respect of which a committee has recommended that the motion be passed is set down for consideration in place of the first general debate after the committee’s report on the notice of motion has been presented.

(5)     Subject to paragraph (6), a notice of motion to which this Standing Order applies—

(a)    lapses and is struck off the Order Paper if not dealt with by the House within three sitting days after the committee’s report on the notice of motion has been presented and the committee has not recommended that the motion be passed:

(b)    does not lapse and is retained on the Order Paper until dealt with by the House if the committee to which the notice of motion has been referred has recommended that the motion be passed.

(6)     A notice of motion to which this Standing Order applies lapses and is struck off the Order Paper if not dealt with by the House before the expiry of any time specified in an Act within which a resolution to disallow, disapply, or otherwise not approve of the regulation or other instrument to which the notice of motion relates must be passed by the House for the resolution to
have effect.

324    Procedure for disallowance of immediate modification order

Any notice of a motion for the disallowance of an immediate modification order under the Epidemic Preparedness Act 2006 may be delivered to the Clerk on any working day and is set down on the Order Paper for the next sitting day as the first item of business after general business.

325    Confirmation and validation bills

(1)     Where the purpose of a bill is limited to the confirmation and validation of regulations that otherwise would lapse, the procedures set out in this Standing Order apply to the bill.

(2)     There is no amendment or debate on the question for the first reading. Following its first reading, the bill stands referred to the Regulations Review Committee.

(3)     Following the bill’s second reading, the House proceeds to the third reading forthwith, unless—

(a)     the Minister in charge requires the House to resolve itself into committee to consider an amendment:

(b)     an amendment has been circulated on a Supplementary Order Paper, or has been lodged with the Clerk, at least 24 hours before the House meets on the day on which the bill is read a second time, and the amendment is in order, in which case the House resolves itself into committee to consider that amendment.

(4)     There is no amendment or debate on the question for the third reading.