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How Parliament controls Delegated Legislation (Checks on the enabling act,…
How Parliament controls Delegated Legislation
Checks on the enabling act
The act states which government ministers can make the regulations
Sets out the limits in which any DL must be made
Retains control as it can repeal the powers in the enabling act at any time, which makes the right to make the legislation cease
Parliamentary committee's can scrutinize DL to see if it has been made appropriately
eg, Joint Committee on Statutory Instruments and the secondary legislation Scrutiny Committee in the HoL
Affirmative Resolutions
This means the statutory will not become Law unless specifically approved by Parliament
Need for affirmative resolution will be included in the Enabling Act
eg, affirmative resolution is required before new or revised Police codes under the Police and Criminal Evidence Act 1984
Disadvantage: Parliament cannot amend the Statutory instrument- can only approve, be annulled or withdrawn.
Negative Resolutions
Relevant Statutory Instrument will become a Law unless rejected by Parliament within 40 days.
Main problem is very few Statutory Instruments will be looked at. There are over 3000 SI's so Parliament will not look over all of them.
Scrutiny Committees
Main problem is that the review is only a technical one. If the Committee discovers a breach in one of the points they can't alter the regulations of stop them becoming a law- can only inform Parliament
Committee reviews all SI's and when necessary draws the attention of Parliament to points needed further consideration.
Main points are:
Makes unusual or unexpected use of powers
Imposes a tax or charge (only elected body can do this)
Unclear or defective
Gone beyond the powers given to the enabling legislation
Has a retrospective effect which has not been provided for by the enabling Act
Super-affirmative resolution procedure
Available if DL has been made under the Authority of the Legislative and Regulatory Reform Act 2006
Parliament is given greater control (Act allows ministers very wide powers to amend the AoP (Acts of Parliament)
Questioning of Government Ministers
Individual ministers may be questioned by MP's on the work of their departments