Under Standing Order No. 118, all affirmative statutory instruments (other than those referred to the Scottish or Northern Ireland Grand Committees) automatically stand referred to a delegated legislation Committee. However, notice may be given of a motion in the name of a Minister of the Crown under sub-paragraph (3)(a) that an instrument shall not stand so referred, in which case it is taken on the Floor of the House. Negative instruments may be taken in a delegated legislation Committee under paragraph (4).
Requests from Ministers or from elsewhere in the House for instruments to be taken on the Floor of the House are considered by business managers, including through discussions in the usual channels.