Secondary Legislation

Question 1

Who creates secondary legislation and under what powers?

Answer 1

The Government, by Henry VIII powers (to amend primary legislation)

Question 2

Can secondary legislation be struck down by courts?

Answer 2

Yes, if ultra vires

Question 3

Can the House of Lords or House of Commons amend the draft secondary legislation, before it is passed?

Answer 3

No

Question 4

What is the process for passing secondary legislation?

Answer 4

1. Negative resolution procedure: the Government publishes the draft in front of both Houses, and if there are no objections after 40 days, then the draft takes legal effect. No debate is possible.
2. Positive resolution procedure: the Government publishes the draft in front of both Houses, and they both have to vote in favour in order to pass it. Debate is possible using this method.