Delegated Legislation Flashcards
Delegated legislation
Laws made by authorities other than parliament, but under their authority
How does delegated legislation work?
Parliament gives authority by passing an enabling act that provides the framework for the law and delegates authority to another body to make detailed laws in their area
Why is delegated legislation needed?
- Parliament lacks time and expertise
- Local authority have greater knowledge of their area
- Can be faster - Can be flexible
Types of delegated legislation
- Orders in council
- Statutory instruments
- Bylaws
Orders in Council
Law made by the Monarch + Privy council
What are the orders in council used for?
- Times of emergency eg. Fuel Crisis 2000
- When Parliament isn’t sitting
- Transferring powers between gov deps/devolving powers
- Bringing EU law into UK
- Changing specific laws (2003 OIC made Cannabis a Class C drug)
Examples of orders in council
Misuse of Drugs Act 1971
Statutory instruments
Rules and regulations made by government ministers and they produce over 3000 laws a year
Examples of statutory instruments
- Codes of Practice under PACE
- The Fresh Meat (Beef Controls) (No2) (Amendment) (England) Regulations 2000
Bylaws
A set of governing rules adopted by a corporation or local authority
Why are bylaws helpful?
Can be made by public corporations and certain companies for matters in their jurisdiction
Examples of bylaws
Epping forest bylaw
Types of control over delegated legislation (5)
- Enabling Act
- Delegated powers scrutiny committee
- Laying before Parliament
- Scrutiny committee
- Judicial control
Enabling Act
A parent act required in order to delegate powers and how they can be used. Powers can be repealed
Delegated powers scrutiny committee
Sits in HOL and considers whether any power was delegated inappropriately e.g. Not allowing powers to raise taxes
Laying before Parliament
Parliament checks if a delegated power has not been wrongfully used
Two types of LBP solutions
- Affirmative
- Negative
Affirmative resolution
Procedure where a small amount of delegated legislation has to be approved by Parliament through vote
Negative solution
More common solution which allows a power to be delegated within 40 days if not rejected by.
In 2013, what percentage of delegated legislation was objected to in negative resolution?
1%
Scrutiny committee
Group of MPs who review all statutory legislation and draws attention to parliament when there are needs for further consideration in a legislation
Two types of judicial control (Ultra Vires)
- Procedural Ultra vires
- Substantive ultra vires
What is ultra vires?
When a corporation engages in activity beyond its specifically stated purpose, the activity is an ultra vires activity and the DL is void
Procedural ultra vires
Means the procedure in the enabling Act was not followed
