parliamentary control

• 1.the parent/ enabling act

  
  

  parliament has the initial control over enabling act and how's it drafted

  clearly states who has power + how that power can be used

  
  

  set out requirements of consultation before the law is made

  parliament retains power over that - can repeal it or amend it
• 2.scrutiny by committees

  three committees that check delegated legislation

  1. the joint committee on statutory instruments
  2. the secondary legislation scrutiny committee
  3. delegated powers and regulatory committee
• 2.scrutiny by committees

  first two only review statutory instruments - draw parliaments attention to any SI which does any:

  • those which impose tax on the public
  • where the parent act cannot be challenged in the courts
  • those which are retrospective - parent act does not provide for retrospective effect
  • where there has been a delay in publication or being laid down before parliament
  • which is outside the powers, makes unusual use of the powers given in the parent act
  • needs clarification
  • poorly drafted
• delegated powers and regulatory reform committee

  
  

  looks at any bill which delegates power - role is to report whether the provisions of a bill inappropriately delegate power

  
  

  whether the exercise of power under such a bill - subjected to an inappropriate degree of parliamentary scrutiny

  
  

  considers bills when they introduced into the house of lords + makes its recommendations to the house in a report usually before the start of the committee stage of the bill's progress
• 3.parliamentary procedures: the affirmative and negative resolution procedures

  
  

  some SI may be subject to one of two special parliamentary processes which gives parliament the opportunity to review the SI + approve or reject it before it becomes law
• 3. parliamentary procedures

  • negative resolution procedure

  most SI's are subjected to this procedure - relevant SI will be law, unless rejected by parliament within 40 days

  problem - too many SIs, MP's only manage to look at a few
• 3.parliamentary procedures

  • affirmative resolution procedure

  used when the parent act is controversial - the instruments becomes law only after one or both houses pass an affirmative resolution - agree on the same instrument

  parliament - rejects the instrument - will be annulled - an affirmative resolution is needed before new or revised codes of practice under the police and criminal evidence act 1984 - brought into force