Post-legislative Scrutiny

House of Lords written question – answered on 15th July 2008.

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Photo of Lord Taylor of Holbeach Lord Taylor of Holbeach Shadow Minister, Environment, Food & Rural Affairs

asked Her Majesty's Government:

Further to the Written Answer by Baroness Vadera on 23 June (WA 207—08), from what date the new arrangements to carry out standardised post-legislative scrutiny were applied; whether that date applied to all legislation; and whether all secondary legislation is covered from that date.

Photo of Baroness Vadera Baroness Vadera Parliamentary Under-Secretary, Department for Business, Enterprise & Regulatory Reform

The Government announced, in March 2008 that they would undertake post-legislative reviews of Acts of Parliament, other than Finance Acts, between three and five years after the legislation came into force. The Government agreed with the Law Commission report Post-legislative Scrutiny (Cm 6945) that it would be premature at this stage to establish a dedicated system for post-legislative review of secondary legislation as such. However, review of each Act should properly include the consideration of all or much of the delegated legislation made under the Act. Any such scrutiny should reflect any work already done by other Committees of the House, including the Joint Committee on Statutory Instruments and the House of Lords Merits Committee. Further information on the Government response to the Law Commission report can be found at: www.official-documents.gov.uk/document/cm73/7320/7320.pdf.

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