Parliamentary Controls

• Sometimes the enabling act states that delegated legislation will not become law until it has been approved by both houses in parliament within 28 days.
• Without the affirmative resolution, the statutory instrument will not become law.
• In the Hunting Act 2004, the minister can allow hunting with dogs in some circumstances but only if, Parliament consents.

• Sometimes the Enabling Act states that a statutory instrument will automatically become law unless either House proposes to reject it within 40 days.
• If a rejection occurs, there is a debate and a vote.
• When rejected the statutory instrument is annulled and does not become law. 
• The requirement for a negative resolution procedure is more common than for an affirmative resolution procedure.

• This committee will examine the bills that are going to become enabling acts, for anything that introduces inappropriate powers.
• Any problems are then reported to the HoL.
• The Scrutiny Committee does not have the power to amend the bill.

The Joint Select Committee on Statutory Instruments (Scrutiny Committee) reviews all statutory instruments and refers them to both Houses of Parliament if they:

• go beyond the powers of the enabling act
• not followed the rules of the enabling act
• impose a tax (only an elected body can do this)
• unclear or defective.

Parliament can repeal the primary legislation or declare it ultra vires.

Parliament has some control at the time the Enabling Act is made, as it sets the limits for making delegated legislation under that Act.