Parliamentary Controls Over Delegated Legislation

Question 1

How does approval of the parent act create control

Answer 1

Parliament has initial control over what powers are delegated, the enabling act sets out the limits Whittington which delagted legislation must be made

Question 2

What does the enabling act state to control

Answer 2

• which government minister can make regulations
• types of laws that can be made for the whole country or certain areas
• whether the government department must consult other people before making the regulations

Question 3

How does negative resolution procedure control

Answer 3

Most statutory instruments will be subject to this, it means the relevant SI will become law unless rejected by parliament within 40 days of publication

Question 4

What is meant by affirmative resolution procedure

Answer 4

Small number of statutory instruments will not become law unless approved by parliament, this will be included in the enabling act

Question 5

What is meant by the delegated powers and regulatory reform committee

Answer 5

Role of this committee is to report whether the provisions of any bill inappropriately delegate legislative power or whether the exercise of legislative power is subjected go an inappropriate degree of parliamentary scrutiny

Question 6

What does the committee do

Answer 6

The committee considers bills when introduced to the lords, a memorandum is provided for each bill.
They examine whether the delegations are appropriate

Question 7

What is meant by scrutiny of the committees

Answer 7

These are an effective check on statutory instruments
Joint committee on statutory instruments and the secondary legislation.

Question 8

How do the scrutiny committee work

Answer 8

They review and draw attention to points that need further attention. The main grounds for referring statutory instruments are
Impose a tax or change
Appears to have gone beyond the powers
Makes some unusual or unexpected use of those powers