Delegated Legislation

Question 1

What are the different types of delegated legislation

Answer 1

Statutory instruments
By-laws
Orders in council

Question 2

Statutory instruments how do they get created example?

Answer 2

They are drafted by government departments and approved by the ministers that head them
E.g. dangerous dogs act 1991
Enabling acts give the ministers the power to make these
Called regulations
Only for amending acts

Question 3

How are by-laws made and a example?

Answer 3

E.g. No ball games
These are made by local authorities and companies then approved by the Secretary of State

Question 4

Who makes orders in council and example

Answer 4

E.g. misuse of drugs act
Gov department drafts them privy council and king approves them
Privy council is made of senior politicians + the PM

Question 5

Controls by courts

Answer 5

Judicial review- member of public takes stat instrument to kings bench division for being ultra vires

Ultra vires- out of their power:

Substantive- out of their power
Durand academy v OFSTED

Unreasonable- drafted too wide Strictland v heyes borough council

Procedural- didn’t follow procedure
Aylesbury mushroom

Question 6

Controls by parliament

Answer 6

Enabling acts- tell ministers who can make the SI, who to tell about it, procedure, what they can make it about

Procedure:
Affirmative: all mps have to vote yes on it after 40 days of it being passed
Negative- 40 days for a mp to vote against DL if so it gets reformed
Super affirmative- minister gets 60 days after bill is passed to amend it without needing to tell anyone

Scrutiny committees:
Joint committee on SI’s- HOC and HOL members check if SIs have errors

HOL delegated powers scrutiny committee- review the extent legislative powers are delegates by parliament and to ministers

HOL merits of SI’s committee- examine content of SI’s that is subject to parliamentary procedure