Delegated Legislation Flashcards
Which act gives authority to make delegated legislation
The enabling act
What is an example for an enabling act
Police and criminal evidence act 1984
Example for an order in council
In 2003, an Order in Council was used to alter the Misuse of Drugs Act 1971 to downgrade cannabis to a class C drug.
Examples for statutory instruments
Chemicals Hazard Information and Packaging for Supply Regulations
2009
What law governs ministerial statutory instruments
The Legislative and Regulatory Reforms Act of 2006
An example for procedural ultra vires
Agricultural Horticulture and Forestry Training Board V. Aylesbury Mushroom Limited
1972
An example for substantial ultra vires
Customs and Excise Commissioners v Cure & Deeley Ltd (1962)
R v Secretary of State for Education and Employment ex parte
National Union of Teachers (2000)
An example for unreasonableness in delegated legislation
Rogers vs Swindon NHS Trust 2006