Delegated Legislation Flashcards
What are the 3 types of DL
Orders in council
Statutory instruments
Bylaws
What are orders in council
The Queen and the privy council make orders in councils. It allows legislation to be passed without going through parliament
What is delegated legislation
This is law made by some body or person to whom parliament has delegated its general law making powers. Parliament pass an enabling act which will grant specific powers to a body or individual.
What are Statutory instruments
These are rules and regulations made by Government Ministers and Departments.
What are bylaws
These can be made by local authorities to cover matters within their own area. These can also be made by public companies with respect to what their company role is.
Examples of all 3
SI Building regulations 2010
Bylaws South west trains LTD (ban on smoking on trains)
OIC Misuse of drugs act 1971 (updated it with newer drugs)
Examples of all 3
SI Building regulations 2010
Bylaws South west trains LTD (ban on smoking on trains)
OIC Misuse of drugs act 1971 (updated it with newer drugs)
What are parliaments controls on DL (resolutions)
Positive resolutions. This means the SI will not become law until it’s specifically approved by parliament
Negative resolutions. This is the majority of DL and is where DL will become law unless rejected by parliament in 40 days.
What are parliaments controls on DL (scrutiny committees) and when do they refer DL to parliament
Joint select committee on statutory instruments (made up of MP’s from all political parties in parliament)
The secondary Legislation scrutiny committee in the House of Lords
They refer law if it
1.It imposes a tax or charge
2.It has an effect which is not provided by the enabling act
3.It is unclear or defective
4.It goes beyond its powers
5.Prohibits any challenge made by the courts
What are the judicial controls on DL
Substantive ultra vires (this is where the body that made the DL acted beyond its powers)
Procedural ultra vires (this is where the correct procedure has not been followed)
Unreasonable ultra vires (this is where the body has not use their powers to a reasonable degree)
What are the cases for judicial control on DL
Substantive ultra vires (Home secretary ex parte fire brigades union) the home secretary tried to make changes to the criminal injuries compensation scheme. This was held to be beyond its powers.
Procedural ultra vires (Aylesbury Mushrrom case)
Unreasonable (Rogers v Swindon NHS Trust) a woman was prescribed a non approved dug. Her NHS refused to provide her with the drug but had already gave it to some other patients. This was considered unreasonable and therefore ultra vires.
