delegated legislation

Question 1

what is delegated legislation?

Answer 1

delegated legislation is law made by other bodies other than parliament, the authority is laid down in a parent act also known as an enabling act for example the access to justice act 1999

Question 2

what are henry viii clauses?

Answer 2

Henry vii clauses are in a bill that enables ministers t amend or repeal provisos in an act of parliament

Question 3

what were these clauses names form?

Answer 3

Henry viii clauses were named from the statute of proclamations 1539 which gave Henry viii power to legislate by proclamation

Question 4

Name the types of delegated legislation?

Answer 4

• Orders in council - made by the queen and the privy council
• statutory instrument - refers to the rules and regulations made by government ministers
• By laws - these are released by local local authorities

Question 5

explain orders in council

Answer 5

orders in council are made by the queen and privy council for example the emergency powers act 1920 and the civil contingincies act 2004 allow the government to pass emergency legislation in times of war , it is used to alter legislation quickly

Question 6

explain statutory instruments?

Answer 6

the statutory instruments act 1946 governs the making of statutory instruments. . IT requires statutory instruments to be printed and sold as soon as possible unless they are local, temporary or sensitive and not yet in operation. ministers and government are departments that are given authority to make legislation under their reasonability eg the minster of transport altering the transport regulation s

Question 7

what act governs statutory instruments?

Answer 7

THE STAUTORY INSTRUMENTS ACT 1946

Question 8

explain by laws as a type of delegated legislation

Answer 8

these are released by local authorities and relate to issues in that area, for example, traffic regulations and parking these can also be made by private cooperation, for example, the British airport’s authority can release by laws on behavior on their premises, another bylaw would be the smoking ban in the London underground trains.

Question 9

name the parliamentary controls on delegated legislation

Answer 9

• AFFIRMATIVE RESOLUTIONS ,
• NEGATIVE RESOLUTIONS ,
• SCRUTINY COMMITTEE

SUPER AFFIRMATIVE REOSULTION

• CONSOLATION

Question 10

what is AR?

Answer 10

some statutory instruments will be subject to AR this means that parliament must approve statutory instrument to be come law , the need for AR will be Incorporated in the ebaling act which usually occurs when legislation is contentious such as the police and evidence act 1984

Question 11

what i negative resolution ?

Answer 11

this means that teh relvent legislation will become law unelss rejcetd b parlaiment within 40 days

Question 12

what are scrutiny committees

Answer 12

SC review all stautory instrumenst and if neccessary draws parliamnets attentions to matters of concern , howvere the review examines the legisaltion on a technical basis and is only concerened with whether or not the legislation remains within the enabling act is defefctive in some way

Question 13

what is super affrimative resoulution

Answer 13

this is a new procedure under the legislative and regualtions refirm act 2006 that requires ministers to have reagrad to any represntation by a committer or wither houses such as the scrutinycommitee

Question 14

what is consuation

Answer 14

y enabling Acts require consultation with interested parties, or those who will be affected by the delegated legislation. Consultation is an effective control, but not all enabling Acts require consultation, which limits its usefulness. The enabling Act itself is a form of control, as it sets the parameters and procedures for the delegated power.

Question 15

courts controls on delegated legislation

Answer 15

• delegated legislation can be cahellenged in the courts on the groud of ultra vires

Question 16

what are the three forms of ultra vires

Answer 16

• procedual ultra vires
• substanstive ultra vires
• unreasoanbleness

Question 17

what are procedual ultra vires

Answer 17

this where the procedure for enacting delegated legislation has not been followed for exaple befpore delegated legislation passdd the intrested parties must be consulted, fllng to cosnukt the parties woould reulstinin a declartion of nultra vires , ie in Agricultural Horticultural and Forestry Training Board v Aylesbury Mushrooms.

Question 18

what are substantive ultra vires

Answer 18

this is where the delegated legislation goes beyond the powers of thoes laid down within the enabling act, eg in commissioners of customs and excise v cure and deelye lts where they thought they had the power to determine their tax returns when this was not the case

Question 19

what is unreasonableness

Answer 19

this is where legislation that is deemed as unreasonable can be overturned by the court , ie in Strickland v Hayes borough council In this case the prohibition of singing an obscene song or using bad language generally was considered to be unreasonable

Question 20

evaluation

Answer 20

postives
- TIME - parliament has a lac of time to debate every small complex detail of regulations which is why deelagted legislation is usefull because it prevents the over working ,/ colapse of paraliment

• KNOWLEDGE - paraliment doesnt have the local knwoldge to enact pieces of legislation so when local authorties or the privvy council have these powers legislation is more accerate for that area
• FLEXABILITY - delegated legislation can be alteraed eaaility whichout going through a lenthy process , it ca also be encated quilickly and revoked if problmantic

Question 21

Negative evaluation

Answer 21

1. It allows non-elected people to make law. The main criticism is that it takes law making away from the democratically elected House of Commons and allows non-elected people to make law. This would be reasonable if there were adequate controls.
2. Inadequate control -As already seen, the controls of delegated legislation are inadequate. Publication has only limited benefits, given that the general public are unaware of the existence of delegated legislation.
   The ultra vires procedure is inadequate as it is dependent on individuals bringing the case before the courts. This is dependent on personal finances as very few people have the money to do so. This happens rarely and when it does, it happens years after the provision has been enacted.

3.Lack of awareness The fact that the law is made in private, means that the general public is often unaware of the legislation.