Sentences with phrase «by delegated legislation»

In approaching these issues, it is important to remember how limited is the scrutiny normally received by delegated legislation in Parliament — and, in particular, in the House of Commons.

They also included the idea that rights granted by a statute can not be nullified by delegated legislation purportedly authorized by a different statute.

It should not be the case that provisions that normally can not be amended by delegated legislation can be modified in this way because it is connected to a modification of measure that is lower down the legal hierarchy.

Direct minor EU legislation can also be modified by delegated legislation generally.

Direct principal EU legislation and directly effective provisions of EU law can not be modified by delegated legislation that is not made under a Henry VIII power unless this modification is «supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation», or where a modification of principal direct EU legislation is needed to «confirm or approve transitional, transitory, or saving provisions».

Both can be modified by primary legislation and by delegated legislation made under Henry VIII clauses — i.e. those clauses which enable delegated legislation to override primary legislation.

Not exact matches

At the 1988 General Conference of the United Methodist Church in St. Louis, legislation affirming that «we do not condone the practice of homosexuality and consider this practice incompatible with Christian teaching» was adopted by a 765 - 181 vote of the delegates.

Working people are increasingly seeing their rights eroded at work and being victimised by hostile employment practices as a result of the anti-trade union legislation introduced by successive Conservative governments, delegates at the TUC Congress heard today.

His call was backed by New York's Congressional delegates including Representatives John Hall (D - NY), Maurice Hinchey (D - NY), Eliot Engel (D - NY), Nita Lowey (D - NY), and Senator Charles Schumer (D - NY) and then - Senator Hillary Clinton (D - NY), who introduced legislation in February 2007 that would require an in - depth review of Indian Point's vital safety and mechanical systems, spent fuel pools, and radiological emergency evacuation plans.

«Our main conclusion is that constitutional change, particularly, should be made only by parliament through primary legislation, not ministers using delegated powers,» said Lord Holme, the chairman of the committee.

The briefing covers information on: The meaning of delegated acts Anti-tampering (article 18) On board diagnostics (article 19) Functional safety (article 20) Environment (article 21) Carbon dioxide (article 22) Aftermarket parts (article 52) Repair and maintenance information (article 60) The BMF have also had discussions with the chair of the EU's Internal Market and Consumer Protection Committee (IMCO) dealing with the proposed legislation, Conservative MEP Malcolm Harbour, who said: «Most of the concerns riders have expressed with the original Commission draft and some of the amendments adopted by the IMCO Committee, are being addressed in the current negotiations between representatives of EU governments, MEPs and the Commission.

Reducing scrutiny of delegated legislation might «encourage the Government to draft delegated powers [conferred by primary legislation] as broadly as possible, so that secondary legislation could [then] be used to pass measures which might otherwise face greater opposition in the Lords as primary legislation».

Russell went on to argue that «one peer described the convention [of not rejecting delegated legislation] as «hanging by a thread»».

But it is essential that any proposals to change the means by which delegated legislation is agreed by Parliament must be evaluated not only in terms of their effect on the balance of power between the two Houses, but between the Executive and Parliament as a whole.

Theresa May has added a new chapter by backing off from her predecessor's plans to strip the second chamber of its power to vote down statutory instruments — the main form of delegated legislation, which are vital to the UK government's extensive executive powers and to implementing Brexit.

Parliamentary scrutiny of secondary legislation is the mechanism by which Parliament assures itself that the Government is exercising that delegated authority in an appropriate way, and in a manner which accords with Parliament's intentions.

The focus should be on how to ensure that the actions of the Executive are scrutinised effectively and that parliamentary approval of delegated legislation — by members of both Houses of Parliament — is not a mere box - ticking exercise.

The plans in question — Tax Credits (Income Thresholds and Determination of Rates)(Amendment) Regulations 2015 — are in the form of a statutory instrument, the most common type of «delegated legislation», which is usually made by ministers to care for technicalities not included in Acts.

The Committee concludes that the Strathclyde Review does not provide a «sufficient basis for changing how Parliament holds the Executive to account»; that «both Houses of Parliament... need to play an active role in considering how powers should be delegated appropriately in primary legislation, how those powers should be exercised by Government and the way in which both Houses scrutinise and approve delegated legislation»; and that «[t] he use and scrutiny of delegated legislation is at the heart of the delicate balance of power between Parliament and the Executive».

The effect of the delegated legislation was to freeze assets and prohibit receipt of funds or economic resources by a designated person.

By definition, therefore, Orders in Council are a form of SI, rather than a separate type of delegated legislation.

Some oversight is exercised by the legislative branch, but the deluge of delegated legislation is such as to overwhelm the parliamentary committees responsible for monitoring it.

According to this thesis, which appears to be supported by the Council's Legal Service, powers are not initially conferred by the Treaty on an institution and then delegated by that institution to external bodies; rather, they are powers created by secondary legislation and directly conferred by that legislation on the bodies in question.

The only restriction on this power is that delegated legislation made under a Henry VIII clause can not repeal any enactment contained in Northern Ireland legislation by an Order in Council.

After two years, retained EU law will be subject to amendment only by an Act of Parliament or by delegated powers contained in primary legislation other than the present Bill.

If, however, it were considered secondary legislation, it would be vulnerable to revocation and possible replacement by other secondary legislation more readily: «[T] he implication of paragraph 3 of schedule 8 is that, for the purpose of being amended using powers granted by pre-exit legislation, all retained direct EU legislation is to be taken to have the functional status of subordinate legislation, thereby making it subject to the use of delegated powers whether or not they are Henry VIII powers.

The Court has repeatedly said that the Crown, in right of both Canada and the provinces has a duty to consult with First Nations likely to be affected by legislation, primary or delegated, or the application of legislation to a given situation, e.g., granting of permits.

fm.: From Wikipedia: in government, typically a regulation specifically means a piece of the delegated legislation drafted by subject matter experts to enforce a statutory instrument (primary legislation) in business, industry self - regulation occurs through self - regulatory organizations and trade associations which allow industries to set rules with less government involvement The Act that authorizes the Agency would thus be the Legislative creation of Administrative Law (they give authority to enact the regulations as they see fit AND can further clarify through oversight power.)

In such circumstances, it is entirely appropriate that those powers should be time - limited in nature, such that subsequent legal surgery upon retained EU law will (absent the conferral of fresh delegated powers) need to be performed by primary legislation.

The House of Delegates of the Maryland General Assembly has passed legislation that authorizes a condominium declaration to provide for the suspension of the use of parking or recreational facility common elements by a unit owner that is more than 60 days in arrears in the payment of assessments.

[The] Standing Committee on Regulations and Private Bills [is] to be the Committee to which all private bills, other than Estate bills or bills providing for the consolidation of a floating debt or renewal of debentures, other than local improvement debentures, of a municipal corporation, shall be referred after first reading; and, to be the Committee provided for by section 33 of Part III (Regulations) of the Legislation Act, 2006, and having the terms of reference as set out in that section, namely: to be the Committee to which all regulations stand permanently referred; and to examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, but in so doing regard shall be had to the following guidelines:

The primary public policy objectives of the Alaska Medical Assistant Society (AMAS)(and the American Association of Medical Assistants) are: (1) to increase the quality and availability of health care for all; and (2) to protect patients and employers from substandard medical assisting services by advocating for regulations and legislation that require medical assistants who are being delegated certain advanced procedures (e.g., administration of injectable medications) to be:

If the General Assembly enacts the requested legislation, physicians would continue to be able to delegate to all medical assistants (those who meet the educational and credentialing requirements and those who do not) the limited duties they are now permitted to delegate, such as taking vital signs, rooming patients, administrative tasks, and — as directed by the overseeing physician — entering data into the medical record.

Request: The Connecticut Society of Medical Assistants and the American Association of Medical Assistants request that the Connecticut General Assembly enact legislation that would enable licensed physicians to delegate: (1) the administration of medication orally or by inhalation; and (2) the administration of intramuscular, intradermal, and subcutaneous injections (including vaccinations / immunizations) to medical assistants working under their direct supervision (as defined above) in outpatient settings who: