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 / Parliament Matters Bulletin: What’s coming up in Parliament this week? 14-18 July 2025

MPs will consider a rare privilege motion relating to a request from the Omagh Bombing inquiry, while the Conservatives will choose the topic for Tuesday’s Opposition Day debate. Select Committees will question Cabinet Ministers on welfare reform, the NHS Plan, foreign policy, national security, and policy announcements made first to the media rather than Parliament. The Deprivation of Citizenship Orders Bill will complete its Commons stages. Peers will scrutinise bills on renters’ rights, employment, and planning. MPs will debate Statutory Instruments on media mergers, murder sentencing, and energy costs, and will vote on extending interest registration rules for MPs’ staff. Backbench MPs will lead debates on giving every child the best start in life, the Global Plastics Treaty and end of life care. The House of Lords will debate the Strategic Defence Review. → We value your thoughts. Please click here to let us know what you think of the Parliament Matters Bulletin in our reader survey.

13 Jul 2025
Read more

News / One year on: How is Parliament performing? - Parliament Matters podcast, Episode 100

In our 100th episode, we take stock of Parliament one year after the 2024 general election. With a fractured opposition, a dominant Labour government, and a House of Commons still governed by rules designed for a two-party system, how well is this new Parliament really functioning? Please help us by completing our Listener Survey. It will only take a few minutes.

11 Jul 2025
Read more

News / Labour's welfare meltdown - Parliament Matters podcast, Episode 99

It’s been a bruising week for the Government, as a Labour backbench revolt forced ministers to gut their own welfare reforms live in the House of Commons. We explore why Sir Keir Starmer appears to have such a poor grip on parliamentary management. Plus, House of Lords reform expert Professor Meg Russell explains why the hereditary peers bill may be a once-in-a-generation chance to tackle deeper issues — like curbing prime ministerial patronage and reducing the bloated size of the upper chamber. And in Dorking, faith and politics collide over assisted dying. Please help us by completing our Listener Survey. It will only take a few minutes.

04 Jul 2025
Read more

News / What Westminster gets wrong about the NHS - Parliament Matters podcast, Episode 98

We are joined this week by two guests who bring invaluable insight into the intersection of health policy and parliamentary life. Dr. Sarah Wollaston and Steve Brine – both former MPs, health policy experts, and co-hosts of the podcast Prevention is the New Cure – share their experiences of how the House of Commons handles health and social care. Please help us by completing our Listener Survey. It will only take a few minutes.

27 Jun 2025
Read more

Submissions / Parliamentary scrutiny of treaties - Our evidence to the House of Lords International Agreements Committee

Our evidence on treaty scrutiny has been published by the House of Lords International Agreements Committee. Our submission outlines the problems with the existing framework for treaty scrutiny and why legislative and cultural change are needed to improve Parliament's scrutiny role. Our evidence joins calls for a parliamentary consent vote for the most significant agreements, a stronger role for Parliament in shaping negotiating mandates and monitoring progress, and a sifting committee tasked with determining which agreements warrant the greatest scrutiny.

03 Jun 2025
Read more