Calculators Scrutiny start date - how to use
Set the target end date to the date on which you want the instrument to complete its statutory scrutiny period.
Negative statutory instrument praying period (laid before both Houses)
Under a negative procedure an instrument laid before both Houses must sit before both Houses for 40 days, during which time either House may resolve against it. An instrument laid in draft may only be made at the end of the 40 day period should neither House resolve against it during the 40 day period. An instrument laid as made may only remain law if neither House resolves against it during the 40 day period. For this calculation, no account is taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. The calculation is set out in section 7 of the Statutory Instruments Act 1946.
- Set the number of days to count as 40.
Negative statutory instrument praying period (laid before Commons only)
Under a negative procedure an instrument laid before the House of Commons only must sit before that House for 40 days, during which time, the House may resolve against it. An instrument laid in draft may only be made at the end of the 40 day period should the House of Commons not resolve against it. An instrument laid as made may only remain law should the House of Commons not resolve against it during the 40 day period. For this calculation, no account is taken of any time during which Parliament is dissolved or prorogued or during which the House is adjourned for more than four days. The calculation is set out in section 7 of the Statutory Instruments Act 1946.
- Set the number of days to count as 40.
Made affirmative approval period (laid before both Houses, clock stops if both Houses rise)
Under an affirmative procedure an instrument laid as made before both Houses must be approved by both Houses within the approval period for it to remain law. The nature of the approval period is set out in the text of the enabling Act. For this calculation, no account is taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
- Set the number of days to count as specified in italics at the top of the instrument on legislation.gov.uk.
- Refer to the enabling Act to check if the clock stops if both Houses rise.
Made affirmative approval period (laid before both Houses, clock stops if either House rises)
Under an affirmative procedure an instrument laid as made before both Houses must be approved by both Houses within the approval period for it to remain law. The nature of the approval period is set out in the text of the enabling Act. For this calculation, no account is taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.
- Set the number of days to count as specified in italics at the top of the instrument on legislation.gov.uk.
- Refer to the enabling Act to check if the clock stops if either House rises.
Made affirmative approval period (laid before Commons only)
Under an affirmative procedure an instrument laid as made before the House of Commons must be approved by that House within the approval period for it to remain law. The nature of the approval period is set out in the text of the enabling Act. For this calculation, no account is taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than four days.
- Set the number of days to count as specified in italics at the top of the instrument on legislation.gov.uk.
Proposed negative statutory instrument - committee sifting period
Under schedule 7 of the European Union (Withdrawal) Act 2018, schedule 5 of the Retained EU Law (Revocation and Reform) Act 2023 or Schedule 5 of the European Union (Future Relationship) Act 2020, a Minister wishing to exercise certain powers delegated by these Acts - by means of an instrument following the negative procedure - must first lay a draft copy of the proposed instrument. This draft copy is sifted by committees of both Houses, who may agree that the instrument should follow the negative procedure or may recommend the instrument should follow the affirmative procedure.
- Set the number of days to count as 10.
Treaty objection period A
Objection period A is the period counted from the first joint sitting day following the laying of a treaty. During this period either House may resolve that the treaty should not be ratified. The calculation is set out in the Constitutional Reform and Governance Act 2010 section 20 paragraphs 2 and 9. Under section 21 a minister may choose to make a statement extending the usual 21 day period.
- Check if there has been a Government statement extending period A.
- If not, set the number of days to count as 21.
Treaty objection period B
Should the House of Commons resolve that a treaty be not ratified during objection period A, the Minister may make a statement indicating that they are of the opinion that the treaty should nevertheless be ratified. Objection period B starts on the first joint sitting day following the making of this statement. During this period the House of Commons may resolve that the treaty should not be ratified. The calculation is set out in the Constitutional Reform and Governance Act 2010 section 20 paragraphs 5 and 9.
- Set the number of days to count as 21.
Remedial order (non-urgent procedure) - proposed draft scrutiny period
The proposed draft scrutiny period is the period during which a House, or a committee of either House charged with reporting on the proposed regulations, may consider the regulations. The calculation is set out in paragraph 6 of schedule 2 of the Human Rights Act 1998.
- Set the number of days to count as 60.
Remedial order (non-urgent procedure) - draft affirmative scrutiny period
The draft affirmative scrutiny period is the period counted from the laying date of the draft instrument during which the instrument must sit before both Houses. At the end of this period, both Houses must approve the instrument before it can be made. The calculation is set out in paragraph 6 of schedule 2 of the Human Rights Act 1998.
- Set the number of days to count as 60.
Remedial order (urgent procedure) - made affirmative representation period
The made affirmative representation period is the period counted from the date of making of the instrument during which representations may be made. At the end of the 60 days, the Minister must lay a statement containing a summary of the representations. The calculation is set out in paragraph 6 of schedule 2 of the Human Rights Act 1998.
- Set the number of days to count as 60.
Remedial order (urgent procedure) - made affirmative approval period
The made affirmative approval period is the period counted from the date of making of the instrument during which both Houses must approve the instrument in order for it to remain law. The calculation is set out in paragraph 6 of schedule 2 of the Human Rights Act 1998.
- Set the number of days to count as 120.
Legislative reform order and Localism order - procedure determination period
Should a Minister wish to make an instrument under powers delegated by the Legislative and Regulatory Reform Act 2006 or under powers in sections 5 and 7 of the Localism Act 2011, they must first lay a draft of the order together with a recommendation as to which procedure should apply. During the procedure determination period, either House may require that the instrument follow a different procedure. Should the Minister recommend the negative procedure, either House may require the instrument to follow the super-affirmative or affirmative procedure. Should the Minister recommend the affirmative procedure, either House may require the instrument to follow the super-affirmative procedure. The procedure determination period is set out in section 15 of the Legislative and Regulatory Reform Act 2006. The calculation style is set out in section 19 of the Legislative and Regulatory Reform Act 2006.
- Set the number of days to count as 30 for the procedure determination period.
- Should a procedure recommendation be made by a committee of either House and the recommendation be rejected by that House, no account is taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
- Contact the SLSC team if in doubt.
Legislative reform order and Localism order - negative procedure objection period
If it has been determined that the instrument should follow the negative procedure, the instrument then sits before both Houses for a period of 40 days. During this period, either House may resolve that the instrument should not be made. The negative procedure objection period is set out in section 16 of the Legislative and Regulatory Reform Act 2006. Section 16 of the Legislative and Regulatory Reform Act 2006 also applies to instruments laid under sections 5 and 7 of the Localism Act 2011. The calculation style is set out in section 19 of the Legislative and Regulatory Reform Act 2006.
- Set the number of days to count as 40.
- Should a committee of either House recommend that the instrument should not be made and that recommendation be rejected by that House, no account is taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
- Contact the SLSC team if in doubt.
Legislative reform order and Localism order - period before affirmative may be approved
If it has been determined that the instrument should follow the affirmative procedure, the instrument then sits before both Houses for a period of 40 days. Following this period, both Houses may approve the instrument. The affirmative procedure objection period is set out in section 17 of the Legislative and Regulatory Reform Act 2006. Section 17 of the Legislative and Regulatory Reform Act 2006 also applies to instruments laid under sections 5 and 7 of the Localism Act 2011. The calculation style is set out in section 19 of the Legislative and Regulatory Reform Act 2006.
- Set the number of days to count as 40.
- Should a committee of either House recommend that the instrument should not be made and that recommendation be rejected by that House, no account is taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
- Contact the SLSC team if in doubt.
Legislative reform order and Localism order - period before super-affirmative may be approved
If it has been determined that the instrument should follow the super-affirmative procedure, the instrument then sits before both Houses for a period of 60 days. Following this period, both Houses may approve the instrument. The super-affirmative procedure objection period is set out in section 18 of the Legislative and Regulatory Reform Act 2006. Section 18 of the Legislative and Regulatory Reform Act 2006 also applies to instruments laid under sections 5 and 7 of the Localism Act 2011. The calculation style is set out in section 19 of the Legislative and Regulatory Reform Act 2006.
- Set the number of days to count as 60 for super affirmative.
- If the Minister chooses to lay a revised instrument as part of the super-affirmative procedure, the clock continues from the laying of the original instrument.
- Should a committee of either House recommend that the instrument should not be made and that recommendation be rejected by that House, no account is taken of any day between the day on which the recommendation was made and the day on which the recommendation was rejected.
- Contact the SLSC team if in doubt.
Enhanced affirmative: Investigatory Powers Act 2016 - recommendation period
The recommendation period is the period during which a House, or a committee of either House charged with reporting on the draft regulations, may resolve that sub-sections 6 to 9 of section 268 of the Investigatory Powers Act 2016 apply. The calculation is set out in paragraph 11 of section 268 of the Investigatory Powers Act 2016.
- Set the number of days to count as 30.
Enhanced affirmative: Investigatory Powers Act 2016 - pre-approval period
Should either House, or a committee of either House charged with reporting on the draft regulations, not resolve that sub-sections 6 to 9 of section 268 of the Investigatory Powers Act 2016 apply the instrument is subject to a 40 day pre-approval period. At the end of this period, both Houses must approve the instrument before it can be made. The calculation is set out in paragraph 11 of section 268 of the Investigatory Powers Act 2016.
- Set the number of days to count as 40.
Enhanced affirmative: Investigatory Powers Act 2016 - extended pre-approval period
Should either House, or a committee of either House charged with reporting on the draft regulations, resolve that sub-sections 6 to 9 of section 268 of the Investigatory Powers Act 2016 apply the instrument is subject to a 60 day pre-approval period. At the end of this period, both Houses must approve the instrument before it can be made. The calculation is set out in paragraph 11 of section 268 of the Investigatory Powers Act 2016.
- Set the number of days to count as 60.
National Policy Statement consideration period
The National Policy Statement consideration period is the period during which the House of Commons may resolve against a draft National Policy Statement. The calculation is set out in paragraph 4A of section 5 of the Planning Act 2008.
- Set the number of days to count as 21.
Published draft under the European Union (Withdrawal) Act 2018
Under the European Union (Withdrawal) Act 2018, should a Minister wish to make a statutory instrument amending or revoking subordinate legislation made under section 2(2) of the European Communities Act 1972, they must first publish a draft of the instrument 28 days before laying the instrument. The calculation is set out in paragraph 14(2) of schedule 8 of the European Union (Withdrawal) Act 2018. This procedure is now repealed.
- Set the number of days to count as 28.