Control On DL Flashcards
What can the parliament control?
What delegated legislation is made
What is an Enabling Act?
This is also known as a Parent Act, as is passed by Parliament and states which Government Minister can make it, the type of laws that can be made and the area of the country to which it relates.
What can Parliament do to an enabling Act?
They can amend or repeat (remove) it at any time
What is a Process?
This can be a control.
What are a small number of statutory instruments a subject to?
An affirmative resolution
An affirmative resolution
The statutory instrument will not become law unless specifically approved by Parliament
Give an example of an affirmative resolution being used.
Police Code of Practice under the Police and Criminal Evidence Act 1984.
When does the vote for an affirmative resolution is required to happen?
28-40 days
What are most statutory instruments subject to?
A negative resolution
A negative resolution
The statutory instrument will be law unless Parliament unless rejected by Parliament within 40 days
What cab ve asked by MPs and to whom and about what?
Questions in Parliament can be asked by MPs to GMs about proposed or current delegated legislation
What is the Scrutiny Committee?
A joint committee on Statutory Instruments
What does the scrutiny committee do?
They review all statutory instruments and can refer them back to both Houses of Parliament for various reasons.
What are the reasons of a scrutiny committee referring a SI back to both Houses of P?
Such as it imposes a tax, it goes beyond the powers given under the enabling Act or it is unclear
What does a Delegated Powers Scrutiny Committee do?
They are in the House of Lords and can report to Parliament with proposals for amending a statutory instrument.
What does the Merits Statutory Instruments Committee do?
They consider instruments and draft instruments presented to the House of Lords with a view to determining whether or not to draw the instruments to the special attention to the House.
What are the reasons for special attention? (MSIC)
It it politically or legally important/given to rise issues of public policy/it it inappropriate in view of a chnage of circumstance since the passing of the Parent Act
How can judges challenge delegated legislation?
By judicial review on the grounds that it is “ultra vires”
Ultra vires
Beyond power
What happens if a DL is ruled to be ultra vires?
The Dl is voidm
By whom can the challenge of ruling a DL ultra vires?
By anyone affected by the DL
Name the 3 grounds for Ultra Vires
Substantive UV
Procedural UV
Unreasonableness
Substantive UV
This occurs when DL goes beyond the powers given by Parliament in the enabling Act
Procedural UV
This occurs when the correct procedure for DL as set out in the enabling Act has not been followed
