Controls on Delegated Legislation Flashcards
- PARLIAMENT can control what delegated legislation is made in several ways:
The Enabling/Parent Act passed by Parliament states…
PARLIAMENT can control what delegated legislation is made in several ways:
The Enabling/Parent Act passed by Parliament states which Government Minister can make it, the type of laws that can be made and the area of the country to which it relates. Parliament can amend or repeal (remove) an Enabling/Parent Act at any time.
- A Process can be a…
A Process can be a control. A small number of statutory instruments are subject to an affirmative resolution whereby it will not become law unless specifically approved by Parliament, for example police Codes of Practice under the Police and Criminal Evidence Act 1984.
- Most other statutory instruments are…
Most other Statutory Instruments are subject to a negative resolution whereby it will be law unless rejected by Parliament within 40 days.
- Questions in Parliament can be asked by…
Questions in Parliament can be asked by MPs to Government Ministers about proposed or current delegated legislation
- The Scrutiny Committee (Joint Committee on Statutory Instruments) reviews all statutory instruments…
The Scrutiny Committee (Joint Committee on Statutory Instruments) reviews all statutory instruments and can refer them back to both Houses of Parliament for reasons such as it imposes a tax, it goes beyond the powers given under the enabling Act or it is unclear.
- The Delegated Powers Scrutiny Committee in the House of Lords can…
The Delegated Powers Scrutiny Committee in the House of Lords can report to Parliament with proposals for amending a statutory instrument.
- THE COURTS (judges) can challenge delegated legislation by judicial review on the grounds that it is…
THE COURTS (judges) can challenge delegated legislation by judicial review on the grounds that it is “ultra vires” (beyond power). If ruled to be ultra vires, the delegated legislation is void. This challenge can be made by anyone affected by the delegated legislation.
There are 3 main grounds for ultra vires.
- Substantive “Ultra Vires” occurs when…
Substantive Ultra Vires occurs when the Delegated Legislation goes beyond the powers given by Parliament in the enabling Act, as in R v Home Secretary ex parte Fire Brigades Union where the Home Secretary went beyond the power given to him by the Criminal Justice Act 1988 when changing rules relating to compensation claims by firemen.
- Procedural “Ultra Vires” occurs when…
Procedural Ultra Vires occurs when the correct procedure for delegated legislation as set out in the enabling Act has not been followed, as in Aylesbury Mushrooms where the Mushroom Growers’ Association were not consulted about establishing a training board
- Unreasonableness, known as “Wednesbury unreasonableness”, is a ground upon which the courts can…
Unreasonableness, known as “Wednesbury unreasonableness”, is a ground upon which the courts can rule delegated legislation to be ultra vires, as in Strickland v Hayes Borough Council where a by-law prohibiting the singing or reciting of obscene songs was unreasonable, because it covered acts done in private as well as in public.
