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Controls over Delegated Legislastion (Parliamentary (All Parent Acts are…
Controls over Delegated Legislastion
Judicial
Anyone affected by the DL (and show an interest) can challenge it
Procedural ultra vires
Correct procedure has not been followed in making DL
Aylesbury Mushroom Case
High court has power to declare a piece of delegated legislation ultra vires
Substantive ultra vires
Powers have been exceeded, unreasonable, irrational, uncertain or breaches human rights/natural justice
DPP v Hutchinson, Strickland v Hayes
Person bringing the case against a DL does not have legal aid
Few cases are brought each year challenging DL but can also be very succesful
Parliamentary
All Parent Acts are examined, debated and amended
All clauses referring to delegated legislation are examined
Wording of the bill
Parliament decides what powers are delegated, when they can be used and who can use them
Parliament has the power to amend or repeal legislation at a later date
The transfer of law making powers is not permanent and can be revoked
All SI's must be laid before Parliament under NRP or ARP
ARP must be laid before Parliament where it has been voted on
NRP laid before Parliament for 40 days and if there are no objections then it becomes law
ARP provides a clear control as it requires scrutiny and action by Parliament
SI's must be accepted or rejected as a whole
All SI's must be published and made available under the Statutory Instruments Act 1946
Parliament has a number of committees which monitor and scrutinise the use of delegated powers
The most important is the Scrutiny Committee - a joint group of MP's and Peers which examine some of the SI's laid before Parliament and will draw attention to any that exceed the powers of the Parent Act, used for unusual purposes, have retrospective effect , raise a charge or a tax, or are defective
The Scrutiny Committee can result on an SI being voted on in Parliament or being withdrawn by the Minister responsible
Parliament must specificy in the Parent act which procedure should be used
The Statutory Instrument Act 1946 lays down the criteria and the rules governing matters
Control over DL is important as it is often made by unelected bodies and may not have been voted on