Delegated legislation

Question 1

Example for STATUTORY INSTRUMENT

Answer 1

Regular increase in the amount of the national minimum wage under the National Minimum Wage Act 1998.

Question 2

Some PARLIAMENTARY controls on delegated legislation

Answer 2

• Negative Resolution Procedure
• Affirmative resolution procedure
• Scrutiny committees
• Legislation
• Pre drafting legislation

Question 3

Some COURT controls

Answer 3

Procedural ultra Vires
Substantive ultra vires
Unreasonableness

Question 4

PARLIAMENTARY CONTROLS

Negative resolution procedure is

Answer 4

1. Negative resolution procedure
   The SI is put before parliament for 40 days. If an MP objects to the contents of the SI the House ( either the Commons or the Lords), or a Standing committee, will debate the issue and may pass a negative resolution – this will make the SI void.

Question 5

PARLIAMENTARY CONTROLS

Scrutiny commitees can be used when…

Answer 5

• SI is unclear
• goes beyond powers given by parent act
• SI imposes tax or charge

Question 6

PARLIAMENTARY CONTROLS

Affirmative resolution procedure is…

Answer 6

If the power given by the parent Act is controversial
, Parliament may state within the Act that the affirmative resolution procedure must be used. BOTH HOUSES NEED TO PASS THE ARP FOR IT TO SUCCEED

Question 7

a case for CONTROL BY COURTS

Answer 7

Kruse V Johnson-law thats oppresive will be void.

Question 8

Substantive ultra vires is

Answer 8

Is where the delegated legislation goes beyond the parent Act.
IS A CONTROL BY COURT

Question 9

Case for substantive ultra vires

Answer 9

R v. Home Secretary (1995)… where the home secretary made changes to the Criminal Injuries Compensation Scheme, he was held to have exceeded the power given to him by the Criminal Justice Act 1988( the parent Act.)

Question 10

1. Procedural ultra vires is

Answer 10

COURT CONTROL
where a public authority has not followed the procedures set out in the parent Act for creating that delegated legislation.

Question 11

Disadvantages of delegated legislation

Answer 11

• If delegated authority is not closely defined there will be UNCERTAINTY as to its use.
• Undermines parliamentary sovereignty.
• Too much law insufficient control.

Question 12

Advantages of delegated legislation

Answer 12

• can be effective as specialist knowledge can be used

- saves parliamentary time