Controls- The Legislative and Regulatory Reform Act 2006

Question 1

What is the purpose of the Legislative and Regulatory Reform Act 2006?

Answer 1

to set out the procedure for the making of statutory instruments which are aimed at repealing an existing law in order to remove a ‘burden’

Question 2

Under what section of the Legislative and Regulatory Reform Act 2006 gives the Minister making the statutory instrument the need to consult various people and organisations ?

Answer 2

s.13

Question 3

Under s13 of the Legislative and Regulatory Reform Act 2006 which makes the Minister making the statutory instrument to consult various people and organisations, who are these people and organisations?

Answer 3

• organisations which are representative of interests affected by proposals
• the Welsh Assembly in relation to matters upon which the Assembly exercises functions
• the Law Commission where appropriate

Question 4

What must happen to orders made under the Legislative and Regulatory Reform Act 2006?

Answer 4

they must be laid before Parliament

Question 5

What are the 3 possible procedures which may be taken when Orders made under the Legislative and Regulatory Reform Act are laid before Parliament?

Answer 5

• Negative resolution procedure
• Affirmative resolution procedure
• super-affirmative resolution

Question 6

Who recommends a negative resolution procedure?

Answer 6

the Minister

Question 7

What may stop a negative resolution procedure recommended by the Minister?

Answer 7

if within 30 days one of the Houses of Parliament asks for a super affirmative procedure

Question 8

During a negative resolution procedure, within how many days can the Houses of Parliament ask for a super affirmative procedure?

Answer 8

30 days

Question 9

If within 30 days the Houses of Parliament do not ask for a super affirmative procedure, what happens when the negative resolution procedure is adopted?

Answer 9

the delegated legalisation will not become law until it has been laid before Parliament for 40 days

Question 10

How many days must the delegated legislation be laid before Parliament after negative resolution before it will become law?

Answer 10

40 days

Question 11

What is needed for an affirmative resolution procedure?

Answer 11

this requires both Houses of Parliament to approve the order

Question 12

Even though the Minister has recommended the affirmative resolution procedure what can Parliament still require to be used?

Answer 12

the super-affirmative resolution procedure

Question 13

Under the super-affirmative resolution procedure what 3 things must the Minister have regard to?

Answer 13

• any representations
• any resolution of either Houses of Parliament
• any recommendations by a committee of other House of Parliament who are asked to report on the draft order

Question 14

What resolution procedure gives Parliament the most control over delegated legislation made under the Legislative and Regulatory Reform Act 2006?

Answer 14

super-affirmative resolution procedure

Question 15

When can Super-affirmative resolution be used?

Answer 15

only for Statutory Instruments under Legislative and Regulatory Reform Act 2006