Parliamentary controls (8)

• Parliament controls delegated legislation by checking laws before they are passed
• What are the 4 parliamentary controls on DL

  • Parent Act
  • Positive Resolution
  • Negative Resolution
  • Scrutiny Committee
• Parent Act

  Includes rules on how delegated bodies makes law, including who and what they have the power to do, also the process needed to follow (e.g. people to consult with)

  
  

  Also includes if positive and negative resolution is needed

  
  

  This Act can be repealed
• Positive Resolution


  If parent act states that DL needs to go through positive resolution:

  It will need to be signed off by Parliament before it can become a law

  • e.g. Dangerous Dogs Act 1991
• Negative Resolution

  However if parent act states DL can go through negative resolution:

  Law needs to be 'laid before Parliament' for 40 days and will become law as long as it's not rejected

  
  

  Most common method

  
  

  e.g. Gaming Act 1968
• Scrutiny Committee

  Joint Select Committee on Statutory Instruments 1973 - reviews all statutory instruments

  They will refer them to Parliament if they:

  • Impose a tax
  • Are retrospective
  • Go beyond powers granted
  • Are unclear