Controls on DL

Question 1

Parliament: Parent act

Answer 1

Includes rules on how delegated bodies make laws- who has powers, what they have power to do, process needed to follow
Including if positive / negative resolution
This act can be repealed to take power away

Question 2

Parliament: Positive resolution

Answer 2

If parent act states DL needs positive resolution, it needs to be signed off by parliament
E.g. Dangerous Dogs act 1991

Question 3

Parliament: Negative resolution

Answer 3

However parent act might state DL can go through negative resolution - law only needs to be laid before parliament for 40 days and can be signed off if no votes against
Most common e.g. gaming act 1968

Question 4

Parliament: Scrutiny committee

Answer 4

JSCSI 1973 reviews all SI’s and will refer ti parliament if they: impose a tax; are retrospective; go beyond powers granted; unclear/defective

Question 5

Judicial: Procedural ultra vires

Answer 5

When body doesnt follow correct procedure in passing law
E.g. Aylsebury mushrooms where minister for labor didn’t consult mushroom growers association

Question 6

Judicial: Substantive ultra vires

Answer 6

when substance is beyond what they were given power to do
AG v Fulham Corp- Permission to open wash houses, instead laundry service and charged residents

Question 7

Judicial: Wednesbury unreasonableness

Answer 7

Requires more than just unfairness: law ‘so unreasonable that no reasonable person could think of it’
APPH v Wednesbury corp - banning u15 from cinemas on sunday was unfair but not wednesbury unreasonable

Question 8

Effect:

Answer 8

DL null and void, no longer law