Parliamentary Controls on Delegated Legislation A01

Question 1

List the 6 parliamentary controls on delegated legislation

Answer 1

Enabling Act

Scrutiny Committee

HoL Delegated Powers & Regulatory Reform Committee

Negative Resolution Procedure

Affirmative Resolution Procedure

Super Affirmative Resolution Procedure

Question 2

Enabling Act

Answer 2

-passed by parliament, allows other bodies to make laws on their behalf

-parliament retains control with the ability to change or abolish any EA

Question 3

Scrutiny Committee

Answer 3

-made up by both HoC and HoL

-draws attention to any stat instruments that goes beyond the powers of the enabling act

Question 4

HoL Delegated Powers & Regulatory Reform Committee

Answer 4

-role to report if the provisions of the EA effectively delegate legislative power

-examines bills and makes recommendations to the HoL

Question 5

Negative Resolution Procedure

Answer 5

-stat instruments automatically become law

UNLESS

-the HoC or HoL propose a motion to reject it within 30 days

Question 6

Affirmative Resolution Procedure

Answer 6

-only relates to around 10% of stat instruments

-will not become law unless approved by both houses within 28 days

Question 7

Super affirmative resolution procedure

Answer 7

-legislative reform orders must be approved by both houses before they become law