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Controls on DL

Unit 1

(P) Limitations in the Parent Act Sets who, when and the procedure.
(P) Removal of the Parent Act Parliament may amend or abolish the Parent Act, this removes the permission so is the last resort.
(P) Amendment/Repeal Parliament may repeal or amend the piece of delegated legislation
(P) Scrutiny Committee Review bills and check for any inappropriate provisions but can't make amendments. Send back to the HoL if any errors are found before the comittee stage.
(P) Affirmative Resolution SI has to be approved by both houses before it can become law
(P) Negative Resolution SI will automatically become law unless rejected by Parliament within 40 days
(P) Joint Select Committee Check SIs for errors, no power to make changes, send back to the Houses of Parliament if errors are found.
4 reasons fro referral back to HoP It imposes a tax or charge, its retrospective, it is unclear, it goes beyond the powers set out in the Parent Act.
(P) Questioning of Ministers Ministers responsible can be questioned by Parliament on the work of their departments
(P) The Legislative and Regulatory Reform Act 2006 Sets out the procedure of making and SI which is aimed at repealing an existing SI which has a burden
(P) Negative Resolution Procedure The SI will be sent to Parliament for approval, if not checked within 40 days the new SI will replace the existing one
(P) Affirmative Resolution Procedure The SI needs approval by both houses before it can replace the existing SI
(P) Super-Affirmative Resolution Procedure The SI is put forward by a senior MP
(J) Judicial Review Carried out by the High Court to check that a piece of DL has been made lawfully. It is possible for a person to challenge a piece of DL if they have been affected under the doctrine of Ultra Vires.
(J) Procedural Ultra Vires The person who has made the DL has not followed the correct procedure e,g Aylesbury Mushroom Case 1972
(J) Substantive Ultra Vires The person making the DL has exceeded the powers set out in the Parent Act e.g AG v Fulham Corporation 1921
(J) Unreasonableness The piece of DL is considered unfair/unreasonable e.g R v Swindon NHS Trust 2006
3 other reasons fro a DL being declared void Imposes a tax, allows for sub-delegation, conflicts with European legislation
Created by: isobelkirtley