CONTROLS BY PARLIAMENT🏛

Question 1

enabling act

Answer 1

• parliament controls delegated legislation by passing an enabling act that must be followed
• limits the power of the people who make DL by stating what can and can’t be done
• parliament can also repeal, limit, and extend this

Question 2

affirmative resolutions

Answer 2

• the SI will not become law until it’s been approved by parliament
• takes place as a debate
• necessary procedure - stated in the enabling act
• must be voted within 28-40 days of it being laid in parliament

Question 3

negative resolutions

Answer 3

• SI will become law unless rejected by parliament within 40 days
• new piece of DL left in the lobby of parliament
• MPs can check it and bring it to attention if necessary

Question 4

scrutiny committee - has a number of committees

Answer 4

• Joint Committee (made up of members of HOL and HOC)
• main committee that scrutinises SIs

Question 5

scrutiny committee - what do the Joint Committee ensure SIs don’t do?

Answer 5

• impose a tax or charge (only elected body has such right)
• appear to have retrospective effect which wasn’t provided in the enabling act
• appear to have gone beyond the powers given under the enabling legislation
• makes some unusual or unexpected use of powers
• unclear or defective in some way