Delegated Legislation Flashcards
what is delegated legislation?
law made by some person other than Parliament, but with the authority of an Act of Parliament.
enabling act?
parliament’s authority to make delegated legislation is laid down in a parent act of parliament called the enabling act
this creates the framework of the law and then delegates the power to others to make more detailed law in the area
what are the 3 types of delegated legislation?
orders in council (queen and privy council)
statutory instruments (govt ministers)
by-laws (local authority)
orders in council?
the queen and privy council have this authority
privy council- prime minister and leading members of govt
this type of DL allows govt to make law without going through parliament
what matters do orders in council deal with?
bring acts of parliament into force dealing with foreign affairs making laws in times of national emergency when parliament is not under the contingency act amend or update existing law e.g. Misuse of Drugs Act 1971
statutory instruments?
over 3000 made a year
ministers and govt departments are given authority to make regulations for areas under their particular responsibility
15 departments in govt
can be very short e.g making annual change to min wage
can be too complex to put into act of parliament
e.g. codes of practice under PACE
by-laws?
made by local authority to cover matters within their area e.g. local parking regulation
can be made by public corporations and some companies for matters within their jurisdiction which involve public e.g. railway companies enforce rules about behaviour on their premises
what are the checks/ controls on the enabling act by Parliament?
affirmative resolution
negative resolution
questioning of govt ministers
scrutiny committee
how does parliament have control over DL?
enabling act sets limits of power to make DL.
it can repeal powers in the enabling act at any time.
there are also parliamentary committees which scrutinise DL to see if it has been done appropriately.
control by parliament- affirmative resolutions?
small number of statutory instruments subject to this.
means that statutory instruments will not become law unless specifically approved by parliament.
parliament cannot amend this: they can approve or withdraw
control by parliament- negative resolutions?
statutory instruments become law unless within 40 days there’s an objection
however, very few SI will be looked at as so many are made
control by parliament- questioning of govt ministers?
mps can question ministers in the HoC
control by parliament- scrutiny committee
reviews all statutory instruments and if needed draws attention of both Houses to points that need more consideration
the committee can only report back its findings; it has no power to alter any SI
control by the courts- ultra vires
DL can be challenged by court on the ground that it is ultra vires-
meaning DL has gone beyond its power given to make it in the enabling act, or it has been made after incorrect procedure used, or a decision is made unreasonably.
if UV found, DL will be void and of no effect
why is DL needed?
provides detailed and technical law
expert knowledge and local knowledge is used that parliament wouldn’t have
consultation
