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Procedures

Proposed negative statutory instrument

A Minister may exercise powers under the EU (Withdrawal) Act 2018 to propose that instruments be subject to the proposed negative procedure. After a proposed negative instrument has been laid, each House has ten sitting days in which it may consider the instrument and agree with the proposal of the Minister, or instead recommend the instrument be subject to the draft affirmative procedure. In the Commons, the instrument is considered by the European Statutory Instruments Committee. In the Lords, the instrument is considered by the Secondary Legislation Scrutiny Committee. Any result of consideration does not bind a Minister, who must nevertheless make a written statement if disagreeing with a recommendation of a committee.