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Controls on DL
Unit 1
| Term | Definition |
|---|---|
| (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
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