Parliament controls - Statutory Instruments

What type of DL can parliament controls be applied to?

Statutory Instruments

Prior to enabling act

• Approval of parent act

• Delegated powers and regulatory reform committee

Approval of parent act

• Parliament must have authorised the SI in the parent act

• Parliament sets clear parameters such as which minister can make the delegated legislation, the type of law they can make and whether consolation is necessary

• Parliament can repeal the enabling act at any time

The delegated powers and regulatory reform committee

• HOL committee (there’s no commons equivalent)

• Examines whether an enabling act inappropriately delegates power - they are not concerned with policy just the delegation of power

• Provides a report prior to committee state of the enabling bill

After enabling act

• Negative resolution

• Affirmative resolution

• Scrutiny Committee

Negative resolution

• SI are laid before parliament for 40 days and if no MPs object then they automatically become law

• Most SI are negatively resolved

Affirmative resolution

• SI does not become law unless approved by parliament

• Example - PACE 1984 requires approval to change police code of practice

Example of affirmative resolution

Pace 1984 requires parliament approval to change the police codes of conduct

Scrutiny committee

• Two committee (Commons and Lords)

• Only look at legislation once its in force and can refer back to parliament if it imposes tax charges, has gone beyond the powers or is unclear or defective in someway etc.