Secondary Legislation Flashcards
1
Q
Who creates secondary legislation and under what powers?
A
The Government, by Henry VIII powers (to amend primary legislation)
2
Q
Can secondary legislation be struck down by courts?
A
Yes, if ultra vires
3
Q
Can the House of Lords or House of Commons amend the draft secondary legislation, before it is passed?
A
No
4
Q
What is the process for passing secondary legislation?
A
- Negative resolution procedure: the Government publishes the draft in front of both Houses, and if there are no objections after 40 days, then the draft takes legal effect. No debate is possible.
- Positive resolution procedure: the Government publishes the draft in front of both Houses, and they both have to vote in favour in order to pass it. Debate is possible using this method.
