Control of delegated legislation by Parliament

What can Parliament do?	Notes
Parliament passes the original Parent Act and can limit the powers given in the act at that stage.  Enabling Act	Framework for the new law. Authority for a specified person (Government minister) or body (local authority) to make further more detailed law. Specify area within the law can be made and procedures
A Statutory Instrument may be subject to the Affirmative Resolution Procedure – it will not come into force unless Parliament specifically approves it. The need for this resolution will be included in the Parent Act.	Must be approved by one or both houses. Usually 28 or 40 days. Time consuming. Can’t be changed only approved, annulled or withdrawn. Government usually gets its way because it has a majority in Parliament. Affirmative resolution is not used very often Must be debated in parliament
Most Statutory Instruments are subject to the Negative Resolution Procedure – the instrument will become law unless rejected by Parliament within 40 days.	Goes before both houses Can have a motion called a ‘prayer’ calling for annulment – there is then a debate and a vote on the annulment. If annulment is passed then doesn’t become law More often than it is passed
Joint Select Committee on Statutory Instruments (the Scrutiny Committee) reviews all Statutory Instruments and will refer them to Parliament if the go beyond the powers of the enabling Act, show an unusual or unexpected use of powers,  have been badly drafted or impose a tax.	Made up of MP’s and peers. Difficult to scrutinise everything as 3000 SI’s each year. Limited power, can’t actually amend SI’s, only report back on them – reports often ignored.
Ministers can questioned in the House of Commons by any MP at any time about their work and proposed statutory instruments.	At question time or in debate, gives publicity, to DL due to presence of media in Parliament. Minister has to justify legal provision Only works if politician answers the question and doesn’t avoid it