Chapter Two - Differences

Question

Chapter 2: (B) DIFFERENCES

Answer

(11) Distinguish the forms of parliamentary control referred to as affirmative resolution and negative resolution.

Parliament has two main forms of control over delegated legislation. Affirmative Resolution is a procedure, reserved for those pieces of delegated legislation that are required to be ‘laid before parliament’, according to the relevant enabling Act, and in which both Houses of Parliament have to give their approval before the delegated legislation is passed. Negative resolution, on the other hand, is the alternative procedure of laying legislation before Parliament, in which the piece of delegated legislation is made available to Parliament for a period of 40 days and will be passed only if there are no objections from MPs.

(12) Why are Bylaws different to delegated legislation made by Ministers?

Bylaws differ in two main respects: first, Bylaws are made by local authorities rather than Ministers; and secondly, their contents reflect local, as opposed to general, circumstances.