control by parliament

• What are the 2 different types of bodies that control dl?


  - Parliament

  - Courts
• Does parliament exercise control before or after dl exists?


  Parliament exercise control before dl exists
• when do the courts exercise control?


  The courts exercise control after dl exists
• what 5 things do parliament control dl with?

  - wording of an enabling act

  - laying before parliament

  - publishing

  - scrutiny committees

  - consultation requirement
• what 4 boundaries does the wording of enabling act set?

  - who can make dl

  - what subject

  - what type of dl

  - whom it will affect
• what type of dl does the wording of an enabling act apply to?

  statutory instruments, bylaws, orders in council
• what is laying before parliament?

  when MPs/ lords have to approve or disapprove
• what type of dl does laying before parliament apply to?

  statutory instruments only
• what 2 procedures can a statutory instrument be passed through the HoC under?


  A SI will either go through the:

  - Affirmative resolution procedure

  OR

  - Negative resolution procedure
• what other procedure that gets passed through both houses can a statutory instrument be passed under?


  - super affirmative resolution procedure
• what is the affirmative resolution procedure?


  when a statutory instrument is laid before parliament in draft, and must be formally approved by parliament to be put in place
• what is the negative resolution procedure?

  An statutory instrument laid under the negative procedure becomes law on the day the Minister signs it and automatically remains law unless a motion - or 'prayer' - to reject it is agreed by either House within 40 sitting days. If it remains unchallenged for those 40 days it automatically becomes law.
• what is the super affirmative resolution procedure?


  An additional stage of scrutiny where both houses get opportunities to consider a proposal & recommend amendments for a statutory instrument before the statutory instrument is formally presented ('laid'). This procedure is used for statutory instruments that are considered to need a particularly high level of scrutiny.
• Do orders in council need to be laid before parliament?


  No
• Do bylaws need to be laid before parliament?


  Not exactly - once a bylaw is created it is sent to a secretary of state (Government minister) to be approved
• What is scrutiny?


  Critical observation or examination
• what is publishing?

  When statutory instruments and orders in council are published as soon as they are made
• what act states that statutory instruments & orders in council must be published as soon as they're made?


  statutory instruments act 1946
• where are published statutory instruments & orders in council also put? why are they put here?


  libraries in the house of commons & lords

  they are put here for the purpose of negative or affirmative resolution
• how are bylaws published?


  using newspapers or local advertising methods
• what are scrutiny committees?


  committees who examine and investigate government policies, laws etc
• what are the 2 committees we focus on?

  - Delegated powers & regulatory reform committee

  - Statutory instruments joint select committee
• where is the delegated powers & regulatory reform committee based and what do they do?


  based in the house of lords

  they consider all bills that delegate powers (future enabling acts)
• who does the statutory instruments joint select committee comprise of and what do they do?


  comprised of mps and lords

  they consider if a SI should be brought to parliament's attention
• what is consulation requirement?

  when an enabling act may require consultation with certain parties if they are to be affected by the legislation
• give an example of an act that needed consultation requirement


  road traffic act 1988
• what type of dl does the wording of an enabling act apply to?


  - SIS

  - bylaws

  - orders in council
• what type of dl does laying before palriament apply to?

  - SIs

  - orders in council
• what types od dl does publishing apply to?


  - SIs

  - bylaws

  - orders in council
• what types of dl does scrutiny committees apply to?


  - SIs
• what types of dl does consulation requirement apply to?


  - SIs

  - bylaws

  - orders in council