Blog

Lifting the Lid: The European Union Referendum (Date of Referendum etc.) Regulations 2016

23 Feb 2016
The flag of the European Union (EU). Image licensed under the Creative Commons Attribution 2.0 Generic

Our Lifting the Lid series aims to open up the delegated legislation process and reveal the stories behind recently published Statutory Instruments. This week: The European Union Referendum (Date of Referendum Etc.) Regulations 2016.

Joel Blackwell, Senior Researcher, Hansard Society
,
Senior Researcher, Hansard Society

Joel Blackwell

Joel Blackwell
Senior Researcher, Hansard Society

Joel conducts the Society’s continued research into the legislative process, the effectiveness of Parliament in scrutinising and holding the executive to account and the public’s engagement with politics.

He is co-author of 'The Devil is in the Detail: Parliament and Delegated Legislation'. Prior to joining the Hansard Society in 2014, Joel was a Political Consultant for Dods Parliamentary Communications and has also worked at the Electoral Commission. He graduated from Bristol University in 2005 with a degree in Politics and Social Policy.

Get our latest research, insights and events delivered to your inbox

Subscribe to our newsletter

We will never share your data with any third-parties.

Share this and support our work

On Monday 22nd February the government formally laid before Parliament the delegated legislation required to start the official campaign period before the EU referendum.

The European Union Referendum (Date of Referendum etc.) Regulations 2016 formally set the date of the referendum, which will be held on Thursday 23 June, and confirms that the referendum period, in which all campaigners will be subject to spending limits, will begin on Friday 15 April.

The Instrument also prescribes the period for which one campaign organisation can be designated as lead campaigner for each outcome in the referendum by the Electoral Commission. Campaigns can apply to become lead campaigner from Friday 4 March and the Electoral Commission must make its decision by Thursday 14 April, the day before the referendum period begins.

These Regulations are subject to the affirmative procedure which means that both Houses of Parliament must actively approve them before the provisions can come into effect.

Just over 20% of Statutory Instruments laid before Parliament each session are subject to the affirmative procedure, which is usually assigned to more substantial and important pieces of delegated legislation. The vast majority of Statutory Instruments subject to parliamentary scrutiny are subject to the negative procedure, a less stringent form of parliamentary control than the affirmative procedure. Flow charts outlining the process for these two procedures can be found here.

In the House of Commons, affirmative instruments are automatically referred to a Delegated Legislation Committee for debate unless a motion for the instrument to be debated on the Floor of the House is tabled. Regulations relating to terrorism and security are automatically considered on the Floor of the House where they can be debated by all MPs for up to 90 minutes, but more usually the bulk of affirmative instruments are debated in committee.

Delegated Legislation Committees are composed of 18 MPs nominated by the party whips to reflect the composition of the House. Debates in these committees can last up to 90 minutes and are conducted on a motion that ‘the committee has considered the instrument’. Following the debate in Committee, an approval motion is put formally to the House without debate on a separate day. If a debate is held on the Floor of the House, the approval motion question is put immediately after the debate. The vast majority of approval motions in the Commons are resolved without division, but if dissent is indicated the vote is deferred and MPs cast their vote by ballot paper between 11.30am and 2pm on the following Wednesday. This has happened on four occasions in the current session.

In the House of Lords a motion to approve an affirmative instrument can be taken in either Grand Committee or on the Floor of the House. In a similar vein to the House of Commons, if an affirmative instrument is debated in Committee, an approval motion is put formally to the House without debate on a separate day.

Unlike primary legislation, the scrutiny stages for statutory instruments in both Houses run concurrently but the majority of affirmative instruments are approved by the House of Commons before the House of Lords has approved them.

Cabinet Office guidance advises government departments to allow around six sitting weeks for the passage of an affirmative instrument through all its parliamentary stages. This allows for both the Joint Committee on Statutory Instruments and the House of Lords Secondary Legislation Scrutiny Committee to consider the instrument and report on it within 12 to 16 days of it being laid. In the House of Lords, an approval motion cannot be moved until the Joint Committee on Statutory Instruments has reported on the instrument. This is a scrutiny reserve that the House of Commons does not observe.

Given that the instrument prescribes time periods that begin in a little over two weeks, it is expected that its progress through the parliamentary stages will be rapid and not in keeping with the usual 6-7 week process.

News / Former Prime Ministers: The role of Parliament in life after No 10 - Parliament Matters podcast, Episode 109

In this episode, we speak with Peter Just, author of a new book, Margaret Thatcher: Life After Downing Street. Peter explores how Thatcher reinvented herself after her departure to maintain her status as an international figure, and how she remained a parliamentary thorn in John Major’s side. We also compare her parliamentary afterlife with that of other Prime Ministers, and consider the value that former leaders can bring to the institution of Parliament. Please help us by completing our Listener Survey. It will only take a few minutes.

03 Oct 2025
Read more

News / What are the Usual Channels? A short history of Westminster whipping - Parliament Matters podcast, Episode 108

In this episode, we talk to political journalist Seb Whale about his new book, The Usual Channels, which reveals the hidden world of Westminster’s whips. Seb charts how party discipline has evolved – from the stormy politics of the 1970s and the Maastricht battles of the 1990s to the legendary “black book,” the Brexit showdowns and the short-lived Liz Truss premiership. He explains how the whips’ office has adapted to a modern Parliament – especially with the influx of women MPs – and why, even today, whips still wield decisive influence over MPs’ careers and remain indispensable despite the pressures of contemporary politics. Please help us by completing our Listener Survey. It will only take a few minutes.

26 Sep 2025
Read more

Blog / Treaty scrutiny: addressing the accountability gap

In this guest blog, Lord Goldsmith KC, Chair of the House of Lords International Agreements Committee (IAC), sets out the findings of the Committee’s latest report urging reform of Parliament's outdated system for scrutinising treaties. The report warns that Westminster lags behind other legislatures in overseeing these vital policy instruments. Rejecting successive governments' defence of the status quo, it argues that government objections to reform are unconvincing and meaningful accountability is overdue.

23 Sep 2025
Read more

News / Assisted dying bill - special series #17: Peers give the Bill a Second Reading, but progress is paused for committee evidence - Parliament Matters podcast, Episode 107

The Terminally Ill Adults (End of Life) Bill has cleared another key hurdle: it was given a Second Reading in the House of Lords without a formal vote. But Peers have agreed to set up a special select committee to hear evidence from Ministers, professional bodies and legal experts before the Bill goes any further. That decision pushes the detailed clause-by-clause scrutiny back to mid-November and could shape the Bill’s prospects in unexpected ways. In this episode we explore the procedural twists and political manoeuvring behind that decision. Please help us by completing our Listener Survey. It will only take a few minutes.

20 Sep 2025
Read more

Briefings / The assisted dying bill: A guide to the legislative process in the House of Lords

Having passed through the House of Commons, the Terminally Ill Adults (End of Life) Bill - the Bill to legalise assisted dying in England and Wales - must now go through its legislative stages in the House of Lords. This guide explains the special procedures for legislation in the House of Lords, and for Private Members’ Bills in particular. It answers some frequently asked questions, including how Peers might block the Bill, and gives an explanation of each stage of the process, from Second to Third Reading.

10 Sep 2025
Read more