Delegation control

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  • Created by: ann2000
  • Created on: 24-02-18 13:11

Vast majority of delegated legislation--- means done without the full scutinty of the parlimentary process

PARLIMENT CONTROL 

it has the ultimate control to withdraw delegated legisislation and revoke it at any time 

parliment has  control at the time of the ENABLING ACT -- as it limits the powers of the delegated legislation

- the delegated powers scutiny committee - can decide whether the provisions of bill to delegate legisalative powers are appropriate

-- its report is represented to the house of lords before the committee stage-- but can not ammend the bill 

--- however advice can be given to ammend the bill 

NEGATIVE RESOLUTION 

many staturtory instruments are subject to this 

this usually means that they become law on a certain date-- but may nulified by either house of commons on the motion for an annulment of the instrument w=usually 40days

AFFIRMATION RESOLUTION

some enabling act need the affirmation resolution before becoming law --- the enabling act needs to state clearly why the affirmation is required

EXAMPLE--- criminal justice and plic order act--- which requires the relevent ministeri allow regulations to control sales--- however such regulations need to be approved 

Police and criminal evidence -- that reuires new and revised police code of practice to be affirmed by parliment 

X- not used often as its time consuming for parliment --- that defeats the main purpose of delegated legislation 

parliment can not ammend the statutory instrument but can only accept of reject 

-- more partlimentary control that negative resolution --- can be useful for contravertial issues 

SUPER AFFIRMATIVE RESOLUTION 

where the Statutory instrument contains contrvertial material or needs parlimentary input 

(legislative and regulatory reform act)

wherby there is a 60 day period folllowing a layin gof the order by the minister, druing which the relevant parlimentary comittees and either houses can advice on resolution to the draft order

the minister must have regard to such reports and resolutions -- as well as other representations 

-once 60 day period is expired -- if wishes to make order with no changes --- must lay a statemmdent accordance with subsection --- then make terms of what is drafted -- aproved…

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