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Parliamentary Controls on Delegated Legislation (Parent Act (Whether laws…
Parliamentary Controls on Delegated Legislation
Parent Act
Whether laws affect certain areas or the whole country
Parliament has initial control over what powers are delegated
Sets out limits within delegated legislation is made
States which minister/body can make the legislation
What type of law should be made?
Whether government departments must consult other people before making regulations
The wording of an act is a control
Statutory Instrument Act 1946 - lays down criteria of for making Statutory Instruments and the rules governing matters such as the affirmative and negative resolution procedures- also lays down requirement that all SIs must be published before made law
Negative Resolution Procedure
Will become law unless rejected by Parliament after 40 day trial
Very few Statutory Instruments will be looked at
Available to be scrutinised but unlikely to be
Has to be accepted or rejected in its entirety - can't be amended
Affirmative Resolution Procedure
Won't become law unless specifically approved by Parliament
Provides clear control as it requires scrutiny and action by Parliament
Super Affirmative Resolution Procedure
Available if delegated legislation has been made under authority of Legislative & Regulatory Reform Act 2006
Given greater control
Ministers have wide powers to amend Acts
Questioning of Government Ministers
Can include questions about proposed or current delegated legislation
Individual Ministers questioned by MPs in House of Commons on work in their departments
Scrutiny Committee
Reviews all Statutory Instruments
Review is technical and not based on policy
Has limited control
Draw attention of Parliament to points in need of further consideration
Can only report back on its findings
Has no powers to alter the Statutory Instruments
Main grounds for referral of Statutory Instruments back to Parliament:
Imposes tax or charge - only an elected body has the right
Appears to have retrospective effect unprovided by the Parent Act
Appears to have gone beyond the powers given by the Parent Act
Makes unusual or unexpected use of power
Is unclear or defective in some way
Parliamentary Sovereignty
All bills are examined, debated, amended and voted upon - makes sure the content of any Bill and any clauses creating power to make delegated legislation are examined
Decides what powers are to be delegated, when these can be used and who can use these powers
Has the power to amend or repeal legislation at a later date - transferred power is not permanent and can be revoked
Lack of Parliamentary time to examine and/or vote on issues concerning delegated legislation