Parliamentary Controls Flashcards
What is the Enabling Act?
The Enabling Act sets out the parameters of power, including who, what types, topics and procedures they can follow.
What power does Parliament have over the Enabling Act?
Parliament may amend the Enabling Act if needed to adjust the power.
what is an affirmative resolution?
The instrument must be approved by Parliament before it becomes law. 25% of statutory instruments require an affirmative resolution.
what is a negative resolution?
Passive approval, where the instrument is laid before Parliament and will automatically become law after 40 days if Parliament do not reject it. The enabling act will state if this is required.
what is a super-affirmative resolution?
Under the Legislative and Regulatory Reform Act 2006 Ministers can amend primary legislation where doing so would reduce a burden. Parliament must expressly approve the Order.
what are the scrutiny committees?
The Delegated Powers and Regulatory Reform Committee - focuses on the appropriateness of delegating power.
what is the other scrutiny committee?
The Joint Committee on Statutory Instruments (JCSI) - technical focus on the quality of pieces of delegated legislation.
