law revision DL prt2

continuance of DL

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legislative & regulatory reform act 2006

what does the legislative and regulatory reform act 2006 set out?

sets out procedure for making of statutory instrument which are aimed at repealing an existing law in order to remove a burden

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legislative & regulatory reform act 2006

the minister making statutory instrument must consult organisations which are what?

representative of interests substantially affected by the proposals,

orders made under this power of act must be laid before who?

parliament

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legislative & regulatory reform act 2006 control o

what does this act set out?

sets out procedure for making ofstatutory instrument which are aimed at repealing an exisisting law in order to remove a burden

the minister making the statutory instrument must consult various people and organisations which are what?

organisations which are representative of interests substantially affected by the proposals

the welsh assembly in relation to matters upon which the assembly excercises functions

the law commission where appropriate

orders made under this act must be what?

laid before parliament

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legislative & regulatory reform act 2006 control o

what are the 3 possible procedures of this act?

negative, affirmative, super-affirmative resolution procedure

what is the negative resolution procedure?

where minister recommends that this procedure should be used, it will be used unless within 30 days one of the house of parliament objects to this

what is affirmative resolution procedure?

requires both houses of parliament to approve the order, even though the minister has recommended this procedure, parliament still can require the super-affirmative resolution procedure to be used

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legislative & regulatory reform act 2006 control o

what is super-affirmative resolution procedure?

where ministers have regard to:

any representations

any resolutions of either house of parliament

any recommendations by a committee of either hous of parliament who are asked to report on the draft order

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control by courts

DL can be challenged in the courts on the ground of what?

that it's ultra vires, it goes beyond the powers of parliament granted in the enabling act.

there is no power to do what?

make unreasonable regulations, levy taxes, allow sub-delegation

why is it also possible for courts to hold that DL is ultra vires?

because the correct procedure wasn't followed

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control by courts

what are the criticisms of the use of DL?takes law-making away from democratically elected house of commons and allows non-elected people to make law

this is acceptable, as long as there is enough control over it , however parliaments control is fairly limited

sub-delegation-law making authority is handed down another level-causes comments eg law is made by civil servants

large volume of DL makes it difficult to discover what the present law is

lack of publicity, as much DL is made in private in contrast to the public debates of parliament

obscure wording of acts of parliament lead to difficulty in uderstanding the law

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what does the super-affirmative procedure give parliament? more control over DL made under this act

why is it important that this is the position?

as this act gives ministers very wide powers to amend acts of parliament

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