controls on delegated legislation

Question 1

scrutiny by commitee

Answer 1

The joint commitee and secondary legislation commitee point out what needs further consideration to parliament

Question 2

control by parliament

Answer 2

approval of the parent act - enabling body will state 3 rules

Question 3

what are the 3 rules the enabling body will state for controls by parliament

Answer 3

• which gov minister can make regulations
• Types of law made eg whether they are for the whole country or certain people
• Whether gov department must consult people before making regulations

Question 4

what is the affirmative resolution procedure

Answer 4

parliaments approval has to be given before statutory instrument comes into force

Question 5

what is the negative resolution procedure

Answer 5

statutory instrument will become a law unless rejected by parliament within 40 days

Question 6

control by the courts - judicial review

Answer 6

piece of delegated legislation - challenged in court ( heard in queens bench division)

person making the challenge should have sufficient knowledge and be affected by it

Question 7

what are the main grounds for referring a statutory instrument to parliament

Answer 7

• impose a tax charge - only parliament has that right
• gone beyond powers given in enabling act
• has a retrospective effect which isn’t provided in the enabling act

Question 8

what is challenge made on

Answer 8

the basis that legislation is ultra vires ( gone beyond powers granted )

Question 9

what is delegated legislation also controlled by

Answer 9

procedural ultra vires
substantive ultra vires
or unreasonableness

Question 10

what are substantive ultra vires

Answer 10

the rule maker has no substantive power under act to make rule in question FOR EXAMPLE - acting beyond what’s authorised - any rule will be ultra vires and void

Question 11

what is a key case for substantive ultra vires

Answer 11

R V Home secretary
facts - Changes made to criminal compensation scheme
held - gone beyond delegated powers given in criminal justice act 1988

Question 12

what is procedural ultra vires

Answer 12

when the correct procedure set out in Enabling act is not followed

Question 13

key case for procedural ultra vires

Answer 13

R V Secretary of State
- ruled that the statutory instrument setting conditions for access to higher pay ( teachers ) was beyond the powers given to them in the education act 1996