How Do the Government Control Delegated Legislation

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How do the government control delegated legislation? To delegate the law-making power to another body can be very risky if there is no control. Luckily the government has several methods for controlling that the delegated legislation is relevant and good. First we have The Joint Committee on Statutory Instruments, known as the Scrutiny Committee and it is made up of MPs and peers. It exists to look at each statutory instrument in detail to make sure that it falls within the boundaries set by the Parent Act and to refer provisions requiring further consideration to both Houses of Parliament. The main reasons for referring a statutory instrument back to the Houses of Parliament are that it appears to have gone beyond or outside the powers given under the Parent Act, it has not been made according to the method stipulated in the Parent Act, unexpected use has been made of the delegated power, it is unclear or defective, it imposes tax or charge (only Parliament has the right to do this) or it is retrospective in its effect, and the parent/enabling Act did not allow for this. This is probably one of the more effective controls, as many statutory instruments are subject to some scrutiny. However, it is impossible for the Scrutiny Committee to review all the statutory instruments because over 3000 are created each year. Another control is the enabling Act or the parent Act. Only the people or bodies specified in the enabling Act have the power to make law, and the extent of that power is also specified. The enabling Act set out how the delegated legislation must be made and may establish certain procedures, such as consultation, that must be followed. Also there is the repeal of the Enabling Act. This is Parliaments ultimate control as they can make or unmake any law. If this is done, then all delegated legislation created under the Act will become invalid. All
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