delegated legislation

Question 1

delegated legislation

Answer 1

secondary legislation made by a person or body other than parliament but written with parliament authority

Question 2

enabling act

Answer 2

any act of parliament that delegates lawmaking power to another body
- authority for making delegated legislation

Question 3

bylaws

Answer 3

delegated legislation created by local authorities, public utilities, town councils or nationalised bodies to make regulations for their areas
- airports, railways

Question 4

orders in council

Answer 4

delegated legislation made by the king and privy council to make legislation without being debated in parliament
- makes laws in emergency’s situations or when parliament is not sitting

Question 5

privy council

Answer 5

made up of the prime minister and other former or current politicians

Question 6

statutory instruments

Answer 6

rules and regulations made by government ministers for areas under their responsibility
- major method of law making as about 3000 SI are brought into force each year

Question 7

scrutiny committee

Answer 7

effective check on statutory instruments
- can only check legislation once its been made and come into force
- review and draw attention to parliament to points that need further consideration
- ultra fires (gone beyond the powers given under the enabling legislation)
- unclear and defective

Question 8

locus standii

Answer 8

directly affected by the delegated legislation

Question 9

ultra vires

Answer 9

acting beyond ones legal power or authority

Question 10

procedural ultra vires

Answer 10

body has the power to create DL but they did not follow the correct procedure
- Aylesbury Mushrooms case 1972

Question 11

substantial ultra vires

Answer 11

the body making the Dl has gone beyond the powers or done something it never had the power to do
- R v Home secretary ex parte Fire brigades union 1995

Question 12

unreasonable ultra vires

Answer 12

when a decision is so unreasonable that no reasonable body or authority will consider imposing it
- if test is met the decision is ultra vires and void
- R (rogers) v Swindon NHS Trust 2006

Question 13

affirmative procedure

Answer 13

a statutory instrument will not become law unless approved by parliament

Question 14

negative procedure

Answer 14

a statutory instrument will become law unless rejected by parliament within 40 days of publication