8 marks Describe controls of Delegated legislation Flashcards
What does an enabling act do? 1
Lay down the nature and scope of delegated powers.
What can happen to an enabling act?
It can be repealed or amended at any time.
What is required of SI’s? 2
Publication
Where are SI’s publicised under?
Statutory Instruments Act 1946
Resolution procedures 3
Negative and Affirmative resolution
Negative resolution
Procedure which allows any MP to annul delegated legislation within a specific time period.
How long is the time period typically for negative resolution?
Usually 40 days
Affirmative resolution
Parliament required to vote it’s approval of delegated legislation within a specific time period.
How long is the time period typically for affirmative resolution?
Usually 28-40 days
Who scrutinises delegated legislation?
Scrutiny committees
Examples of scrutiny committees
Joint committee on statutory instruments
House of Lords Delegated powers
