Parliamentary Controls

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  • Created on: 08-05-10 15:30
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(Parliamentary controls)
Parliament needs to control the creation of DL as it is made by nonelected bodies. The
Enabling / Parent Act is a way for Parliament to control DL as it sets out the framework
for the delegated legislation. Parliament also has Affirmative Resolutions which require
a small number of statutory instruments to be approved by Parliament before they
become law. This will be stated in the Enabling Act. Parliament cannot amend the DL
but can approve, annul or withdraw it. An affirmative resolution is required for changes /
additions to the police codes of practice under PACE 1984. There are also Negative
Resolutions which are more common and mean that the DL will automatically become
law unless rejected by Parliament within 40 days of being put before it. Parliament may
discuss statutory instruments with the Ministers responsible during this time.
The Delegated Powers Scrutiny Committee (set up in 1993) in the House of Lords
checks the powers being delegated are appropriate. This committee has limited
powers as it can only put forward its findings, it cannot amend Bills. The Scrutiny
Committee (set up in 1973) reviews all Statutory Instruments and where necessary
draws Parliament's attention to any concerns. It would refer the DL to Parliament if it:
imposes a tax/charge has retrospective effect has gone beyond the powers set in the
enabling Act is unclear. It can only raise concerns the committee cannot amend the
statutory instruments.

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