Editing Statutory instrument (UK) (section)

=== Supervision by parliamentary committees ===

There are three Committees which have a general supervisory role in relation to statutory instruments.

The [[Joint Committee on Statutory Instruments]] (a Committee of both Houses of Parliament) checks that an instrument is being made in accordance with the powers granted to the Minister making it. It does not consider the policy of instruments, but is concerned only with technical matters. The Joint Committee may draw the attention of both Houses to an instrument if it:
* imposes a cost on the public finances,
* requires payments of fees to a public authority,
* is made under powers which prevent it from being challenged in the courts,
* attempts to have retrospective effect (i.e. to change the law from a date before the date on which it is made) when the parent Act does not explicitly empower it to do so,
* makes an unexpected or unusual use of the powers conferred by the parent Act, or it may be ''[[ultra vires]]'' (outside the powers granted by the parent Act, and so unlawful),
* requires further explanation,
* has been published or laid before Parliament late, or
* appears to contain mistakes.

Where an instrument is required to be laid before the House of Commons only, then the Commons' [[Select Committee on Statutory Instruments]] undertakes a similar examination.

The House of Lords [[Merits of Statutory Instruments Select Committee|Committee on the Merits of Statutory Instruments]] considers the policy of statutory instruments and would draw the attention of the House of Lords to a statutory instrument if it:
* is politically or legally important,
* is no longer appropriate due to changes in circumstances since the parent Act was passed,
* implements [[European law]] inappropriately, or
* fails to achieve its intended purpose.

In addition, the House of Commons may refer a statutory instrument to a [[Standing Committee (UK)|Standing Committee]] for detailed debate on the merits of the legislation if a motion to annul (in the case of an instrument subject to negative resolution) or approve (in the case of an instrument subject to affirmative resolution) is made. The Committee will report its conclusions to the House which will then vote on the motion to annul or approve (as the case may be).