The Hansard Society’s long-running research in this area suggests that delegated powers can sometimes be challenging for parliamentarians to scrutinise effectively, particularly given the often-limited time available for scrutiny. Our toolkit comprises a set of sequential questions adopting a ‘traffic-light’ system to categorise your answers.

Specifically, the toolkit will help you assess:

• whether a clause or paragraph delegates a legislative power;

• whether the delegated power form part of a ‘framework’ / ‘skeleton’ approach;

• whether the delegated power is appropriately justified;

• the scope of the delegated power;

• the applicable parliamentary procedure and its appropriateness;

• whether the delegated power is a ‘Henry VIII power’; and

• whether there are any other specific standards that may apply.

We have developed this toolkit based on research into delegated powers that we are conducting as part of our wider ongoing Delegated Legislation Review.