2. Delegated Legislation

Question 1

What are the four reasons we need Delegated Legislation?

Answer 1

-Lack of Parliamentary time
-Technical Expertise can be sued
-It is quicker to pass legislation
-Delegated Legislation is easier to amend

Question 2

Explain the point: Lack of parliamentary time…

Answer 2

-Need Delegated Legislation because parliament doesn’t have enough time to discuss ever small detail of complex regulations
-Time is therefore saved by passing law making powers to other bodies

Question 3

Explain the point: Technical Expertise can be sued…

Answer 3

-We need delegated legislation because when the law making power is passed to another body they will have more technical expertise in that area
-Local authorities in a better position than parliament to make rules upon what happens in local areas

Question 4

Explain the point: Quicker to pass legislation…

Answer 4

-We need delegated legislation because it takes on averae two years for an Act of Parliament to go through the law making process. Delegated legislation could take say 40 days to go through, saves time and money

Question 5

Explain the point: Easier to amend…

Answer 5

-Need delegated legislation because a piece of delegated legislation can be amended quickly as it doesn’t have to go through the parliamentary process
-Law can stay up to date and they are easier to revoke than actual acts of parliament

Question 6

Explain the qualities of Statutory Instruments…

Answer 6

-Made by Government Ministers and Government Departments
-Statutory Instrument will have national effect so will apply to everyone
-Can come in form of regulations, orders or codes of practise
-Come into practise through negative or affirmative resolution

Question 7

What is an example of a statutory instrument?

Answer 7

The Rights of the Subject, Protection of Freedom Act 2012 - It changed the law so that historical convictions for homosexual sex with those over 16 could be treated as spent and not show up on criminal records

Question 8

Explain the qualities of a By-Law…

Answer 8

-Made by local authorities or public corporations
-Local in effect as they cover matters in local area or to do with specific issues
-Local by-laws: local issues like parking regulations
-Public corporations by-laws: Areas where public services are used

Question 9

What is an example of a by-law?

Answer 9

The Local Government Act 1972

Question 10

Explain the qualities of an order in council…

Answer 10

-Made by the Queen and Privy Council
-Have national or local effect
-Drafted by the Government Minister and then approved by the Queen and 3-4 privvy council members
-Can be used in an emergency or when Parliament is not sitting

Question 11

What are the 4 controls by parliament

Answer 11

-Enabling Act
-Scrutiny Committee
-Laying Before Parliament
-Questions in Parliament

Question 12

Explain the Enabling Act…

Answer 12

-Parliament will set the rules and boundaries under which piece of delegated legislation can be made under the Enabling Act
-This controls delegated legislation as the relevant law making body must adhere to rules that have been set and if they don’t, the peice of delegated legislation declared void

Question 13

Explain the scrutiny committee…

Answer 13

-Joint Select Committee on Statutory Instruments will scrutinise all statutory instruments to ensure they are not unlawful
-If they find a statutory instrument to be unawful they can refer to House of Parliament but not change statutory instrument

Question 14

Explain Laying Before Parliament…

Answer 14

-All statutory instruments must be put before parliament
-Affirmative Resolution: the statutory instrument must be voted upon to show that Parliament approves of it, then it will become law
-Negative Resolution: the statutory instrument is put before parliament for 40 days and will become law at the end of this unless someone objects.

Question 15

Explain Questions in Parliament…

Answer 15

-Individual Ministers can question MP’s asking them to explain delegated legislation that they have made or intend to make

Question 16

What are the three controls by court?

Answer 16

-Ultra Vires
-Substantive Ultra Vires
-Procedural Ultra Vires

Question 17

Explain Ultra Vires…

Answer 17

-Means that the piece of delegated legislation was made in a way that exceeds the powers given in the enabling act
-If a piece of DL is ultra vires it’ll be declared void by courts

Question 18

Explain substantive ultra vires…

Answer 18

-Body making delegated legislation has exceeded powers given to them
-Statutory instrument can be ultra vires if imposes tax, sub delegates or is unreasonable

Question 19

What are two examples for substantive ultra vires?

Answer 19

-Fire Brigades Union Case: The Home Secretary made changes to the Criminal Injuries Compensation scheme, exceeding powers granted
-Wednesbury: Delegated Legislation was not unreasonable but CofA stated that in certain circumstances courts could override decisions made by officials/ MP’s if made in unreasonable or irrational way

Question 20

Explain procedural ultra vires and an example…

Answer 20

-DL has been made by following incorrect processes
-Aylesbury Mushrooms case - order establishing the training board was invalid against the mushroom growers as the minister failed to consult association but was still valid against other organisation consulted

Question 21

How effective is the enabling act?

Answer 21

-Allows parliament to set limits to powers in Parent Act as to who can make laws and under what circumstances
-Powers in Enablign Act can be very wide and give authority a large law making power so hard to control and keep track of

Question 22

How effective is the scrutiny committee?

Answer 22

-Look at proposals in statutory instrument before it is enacted, making sure powers are controlled and comply with rules in Enabling Act
-However, if problems found it can only be reported back to Parliament - no changes made

Question 23

How effective is Ultra Vires?

Answer 23

-Effective Control as it allows the courts to check a piece of DL to check it’s made in the correct way and not exceeded powers
-However, due to amount of powers in Enabling Act, hard for judges to decide on Ultra Vires

Question 24

How effective is Judicial Review?

Answer 24

-Allows everyone who is effected by the DL the opportunity to challenge the lawfulness in the courts
-However, expensive to start and isn’t funded by legal aid, so hard for individual to fund

Question 25

What are the 4 evaluations of DL?

Answer 25

😃It saves Parliament Time, allows other people to make legislation so save parliament the job and time
😃Allows lots of consultation, when making statutory instrument it’s scrutinised by committe and parliament before becoming law
😭Not made by elected officials, Queen or public corporations, not elected by public, not representing
😭Lot of DL, thousands made each year, hard for public to track, members of public won’t know, most made in private also