Controls Of Delegated Legislation

Question 1

What does the enabling act set

Answer 1

Boundaries

Question 2

Give an example of a boundary

Answer 2

Consultation with certain parties inc police local authorities

Question 3

What happens if consultation does not take place despite being set out in the enabling act

Answer 3

The SI is illegal

Question 4

What powers does parliament have with the enabling act

Answer 4

Revoke, repeal or a men’s

Question 5

Parliament has these which scrutinise delegated legislation

Answer 5

Committees

Question 6

Give an example of a committee

Answer 6

Joint committee on statutory instruments

Question 7

What is the joint committee on SI aka

Answer 7

Scrutiny committee

Question 8

What do scrutiny committees scrutinise

Answer 8

Rules and orders made by government departments

Question 9

What must the committee report back on

Answer 9

Their findings the parliament

Question 10

What power do these committees have

Answer 10

Refer SI back to parliament can’t alter any SIs

Question 11

When can a committee refers a SI back to parliament

Answer 11

On a technical reason e.g if the SI is unclear or defective in some way

Question 12

Another type of comittee

Answer 12

The House of Lords delegated powers scrutiny committee

Question 13

What do the House of Lords delegated powers scrutiny committee do

Answer 13

Keep under constant review to the extent of which powers are delegated by parliament to government ministers

Question 14

Why does the process to laying before parliament include

Answer 14

Negative affirmative or supper affirmative resolutions

Question 15

Where are affirmative resolutions set out

Answer 15

In some enabling acts

Question 16

What happens if there is an affirmative resolution

Answer 16

The SI must be debated in parliament

Question 17

What does the debate in parliament allow

Answer 17

Time for Criticism and change

Question 18

A motion approving the SI must be passed within how many days

Answer 18

40

Question 19

Under affirmative resolutions what powers do parliament have

Answer 19

The power to withdraw or accept SI

Question 20

Who’s approval is needed in a affirmative resolution

Answer 20

Both houses

Question 21

Give an example of an act subject to affirmative resolution

Answer 21

The codes of practice in pace

Question 22

Where are negative resolutions found

Answer 22

Most enabling acts

Question 23

How long does a negative have

Answer 23

40 days and in that time any mp can put down a motion to annul to SI

Question 24

Who can object an SI under negative

Answer 24

Either house but only commons for finance

Question 25

What are always passed using negative

Answer 25

EU regulations

Question 26

What is the super affirmative

Answer 26

Laid before parliament for 60 days

Question 27

The enabling act may set this as a boundary

Answer 27

Consultation

Question 28

Is consultation a control separate to the enabling act

Answer 28

Yes

Question 29

This act sets out the procedures for making an SI that will change existing law

Answer 29

LRRA

Legislative and regulatory reform act

Question 30

When can the legislative and regulatory reform act be used to change law using an SI

Answer 30

When an act creates a burden e.g. Obstacle to efficiency

Question 31

The legislative and regulatory reform act is used by

Answer 31

Ministers sparingly

Question 32

What procedures must be followed under the legislative and regulatory reform act

Answer 32

Must consult with a wide range of people

Must be laid before parliament using a resolution

Question 33

What is questions by MP

Answer 33

MPs in House of Commons can question proposed regulations

Question 34

This is seen as a first line of defence

Answer 34

The enabling act