TCTM09130 - Decision Making: The Tax Credits Act and Tax Credits Regulations
The main reason for this 鈥榯wo tier鈥� way of making the law, is that to create new primary legislation, the change must go through an Act of Parliament. An Act is a Bill approved by both the House of Commons and the House of Lords and formally agreed to by the reigning monarch (known as Royal Assent).
Once an Act is in place the regulations (secondary legislation) are written to give detail to the Act, these only require Parliamentary approval.
To change secondary legislation is a much quicker and relatively simple matter of 鈥榣aying鈥� the changes before Parliament for a minimum of 21 days, during which time any member can object. If there are no objections then the changes or additions become legislation from the date specified.
Although it is called the laying of legislation, the document is no longer actually laid on a table. Rather it is notified to the House by the Journal Office by whatever the current agreed means are.
Negative/Affirmative Procedure
Legislation subject to 鈥榥egative resolution鈥� automatically becomes law unless there is an objection from either House.
Conversely 鈥榓ffirmative resolution鈥� means the legislation must be actively approved by both the House of Commons and the House of Lords to become law.