On 14 December 2011 the Public Bodies Act received Royal Assent. The Act gives Ministers the power, by order, to abolish, merge or modify constitutional or funding arrangements, or modify or transfer functions of those public bodies listed in Schedules 1 to 5 of the Act; and sets out an enhanced scrutiny procedure for the orders. The House of Lords has agreed that the Secondary Legislation Scrutiny Committee (formerly the Merits of Statutory Instruments Committee) will scrutinise and report on draft orders under the Public Bodies Act.
On the sidebar to the left are links to those public bodies orders currently before the Committee and those which have been considered and reported on.
From the day on which the draft order is laid before Parliament, a 30-day period starts ticking. During this time the Secondary Legislation Scrutiny Committee will consider the draft orders, including looking at whether the Order meets the statutory tests in the Act and in particular, whether they serve the purpose of improving the exercise of public functions. The Committee will decide whether the enhanced affirmative procedure (introduced by the Act) should apply – such a procedure would increase the scrutiny period by a further 30-days (making 60 days in total), and would allow the Committee to make recommendations to the Minister who must then have regard to them. Alternatively, the Committee can decide to clear the order, in which case a 40 day scrutiny period applies.
Draft orders laid under the Act will be subject to approval by resolution of both Houses after the expiry of the relevant scrutiny period, when a draft order which has been subject to the enhanced affirmative procedure is presented to the House for approval.
The 7th Report of the House Procedure Committee of Session 2010-12, which sets out the scrutiny functions of the Secondary Legislation Scrutiny Committee pertaining the Public Bodies Orders. These functions have been incorporated into the Committee's Terms of Reference.
If you have a query about the Committee or its work, including concerns or opinions on a Public Bodies Order or any new item of secondary legislation, please contact the Clerk of the Secondary Legislation Scrutiny Committee, Legislation Office, House of Lords, London SW1A 0PW; telephone 020-7219 8821; fax 020-7219 2571; email seclegscrutiny@parliament.uk.