The Delegated Powers and Regulatory Reform Committee is a committee of UK parliamentarians. Members are drawn from the House of Lords. The committee has several primary functions.

Orders

The Delegated Powers and Regulatory Reform Committee is appointed by the House of Lords in each session with orders of reference "to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate level of parliamentary

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; to report on documents and draft orders laid before Parliament under the

Regulatory Reform Act 2001 The Regulatory Reform Act 2001 (c.6) is an Act of the Parliament of the United Kingdom. It replaced the Deregulation and Contracting Out Act 1994. It removed some of the constraints on Deregulation Orders under the 1994 Act, by providing wider p ...

; and to perform, in respect of such documents and orders and subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on

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s."

Rationale

Parliament often and increasingly confers powers on the executive to make delegated (or secondary) legislation. The purpose of such legislation is often practical - to enable

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to make provision at a level of detail inappropriate for inclusion in the Act, or designed to meet changing circumstances. But the powers delegated can also be more substantial - enabling ministers to fill in large gaps left by so-called 'skeleton bills', or to amend and even repeal

primary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...

('Henry VIII powers'). Such enabling

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s in bills remove legislation from detailed parliamentary scrutiny. As a result, this

Select Committee Select committee may refer to: *Select committee (parliamentary system), a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues *Select or special committee (United States Congress) *Select ...

was set up.

Working practices

The committee receives all bills introduced in either House when they reach the Lords. There is no equivalent committee in the House of Commons. Bills are accompanied by a special memorandum explaining each of the proposed delegations. The memorandum, published with the committee's report, identifies each of the delegations; describes their purpose; explains why the matter has been left to delegated legislation; and explains the degree of parliamentary control provided for each, and why it is thought appropriate. The committee also has the benefit of an

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of its

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. The committee then examines whether the bill or its parts are appropriate in terms of delegations. In some cases, parts of bills are declared inappropriate. More frequently, recommendations are made to increase the level of parliamentary scrutiny over a particular delegation. Since the passage of the Regulatory Reform Act 2001, the remit of the committee, and its name, have been extended. It is now the select committee on delegated powers and regulatory reform. In the case of Regulatory Reform Orders they do not examine the policy proposed, but whether the statutory tests of the 2001 Act have been met, particularly whether the orders actually reduce regulatory burdens. They also consider whether the proposal is appropriate to be delivered by secondary legislation and at times conclude that this is not the case. Parliament's work in this area is set to expand greatly, with the passage of the Legislative and Regulatory Reform Act 2006.

Members

As of May 2022, the membership of the committee is as follows:

References

External links