Control of Delegated Legislation

Control of Delegated Legislation

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  • Created on: 07-12-11 18:30
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The first is through Parliamentary controls. This occurs at three stages, and applies to
statutory instruments.
An Enabling Act is required to give the government minister authority to act. If there is no
Enabling Act, then the minister cannot make laws. Usually the Enabling Act will lay down a
procedure for consultation with various interested groups before the statutory instrument can
become law.
Scrutiny Committee, known as the Joint Committee on Statutory Instruments and made up
of members of the House of Commons and House of Lords, has the power to review all
statutory instruments before they become law. If they find anything wrong, they can report it
to Parliament, who can then act.
Usually they will report an instrument if it goes beyond the powers contained in the Enabling
Act, if it is designed to operate retrospectively, or if it is confusing. The Scrutiny Committee
can only make a report: it cannot act. However, this enables MPs to question the minister
who has drafted the statutory instrument.
The Legislative and Regulatory reform Act 2006 sets procedure for the making of statutory
instruments, which are aimed at repealing an existing law in order to remove a burden.
A burden means any of the following:
A financial cost
Or an administrative inconvenience
Or an obstacle to efficiency, productivity or profitability
Or A sanction, which is a criminal one or otherwise
Any minister making a statutory instrument under the powers of this act must consult various
people and organisations.
These include:
Organisations which are representative of interests substantially affected by the proposals
Or The Welsh assembly in relation to matters upon which the assembly exercises functions
Or The Law commission where appropriate.

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Either an affirmative resolution or a negative resolution is needed before a statutory
instrument becomes law. Affirmative resolutions require Parliament to vote their approval of
the statutory instrument before it can become law. This is needed for example with the
Codes of Practice issued for the police under the Police and Criminal Evidence Act of
nineteen eighty four.
Negative resolutions require no action by Parliament.…read more

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Enabling Act had given councils the power to punish people singing obscene songs
generally. The power should have been limited to public places.
Thirdly the courts can declare that the incorrect procedures for introducing the delegated
legislation were followed. In one case called Aylesbury Mushrooms, a training board was
introduced for farmers. The farmers themselves were then asked to pay for it.…read more


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