Controls Of Delegated Legislation Flashcards
What does the enabling act set
Boundaries
Give an example of a boundary
Consultation with certain parties inc police local authorities
What happens if consultation does not take place despite being set out in the enabling act
The SI is illegal
What powers does parliament have with the enabling act
Revoke, repeal or a men’s
Parliament has these which scrutinise delegated legislation
Committees
Give an example of a committee
Joint committee on statutory instruments
What is the joint committee on SI aka
Scrutiny committee
What do scrutiny committees scrutinise
Rules and orders made by government departments
What must the committee report back on
Their findings the parliament
What power do these committees have
Refer SI back to parliament can’t alter any SIs
When can a committee refers a SI back to parliament
On a technical reason e.g if the SI is unclear or defective in some way
Another type of comittee
The House of Lords delegated powers scrutiny committee
What do the House of Lords delegated powers scrutiny committee do
Keep under constant review to the extent of which powers are delegated by parliament to government ministers
Why does the process to laying before parliament include
Negative affirmative or supper affirmative resolutions
Where are affirmative resolutions set out
In some enabling acts
What happens if there is an affirmative resolution
The SI must be debated in parliament
What does the debate in parliament allow
Time for Criticism and change
A motion approving the SI must be passed within how many days
40
Under affirmative resolutions what powers do parliament have
The power to withdraw or accept SI
Who’s approval is needed in a affirmative resolution
Both houses
Give an example of an act subject to affirmative resolution
The codes of practice in pace
Where are negative resolutions found
Most enabling acts
How long does a negative have
40 days and in that time any mp can put down a motion to annul to SI
Who can object an SI under negative
Either house but only commons for finance
What are always passed using negative
EU regulations
What is the super affirmative
Laid before parliament for 60 days
The enabling act may set this as a boundary
Consultation
Is consultation a control separate to the enabling act
Yes
This act sets out the procedures for making an SI that will change existing law
LRRA
Legislative and regulatory reform act
When can the legislative and regulatory reform act be used to change law using an SI
When an act creates a burden e.g. Obstacle to efficiency
The legislative and regulatory reform act is used by
Ministers sparingly
What procedures must be followed under the legislative and regulatory reform act
Must consult with a wide range of people
Must be laid before parliament using a resolution
What is questions by MP
MPs in House of Commons can question proposed regulations
This is seen as a first line of defence
The enabling act
