Controls on Delegated Legislation (Parliamentary and Judicial)

Parliamentary Controls

Why: DL is a wide power so it needs to be subject to certain controls.

The Enabling Act: This is Parliament's initial control as it limits the power by setting boundaries to it. It may specify certain procedures to be followed when making DL, such as consultation.

The Negative Resolution: Most SI's are subjected to this, and it's where DL is laid before Parliament and becomes law by default in 40 days unless rejected.

The Affirmative Resolution: Some SI's are subjected to this and it's where DL is laid before Parliament and must be debated and voted upon. Once approved it will become law.

Super-Affirmative Resolution: Only SI's made to 'remove a burden' under the Legislative and Regulatory Reform Act 2006 are subject to this. It's extra control, as the power given to ministers to remove burdens is so large.

Scrutiny Committee - Joint Select Committee on SI's: Scrutiny Committees such as the Joint Select Committees on SI's…