Delegation control
- 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…
Comments
No comments have yet been made