delegated legislation Flashcards
what is delegated legislation mean
when parliament gives responsibility to others to make laws
what is primary and secondary legislation
primary-made in parliament that may give authority to a second body
secondary- dl made under the enabling act
what does the enabling act specify
who can make the law
the procedure they must follow to make the law
what the law can be about
what are the 3 types of dl
orders in council
statutory instruments
by laws
who can make order’s in council
privy council
king
what are orders in council used for
transfer responsibility between government departments
bring (parts) acts into force
make laws in emergency’s under civil contingencies act 2004
desolve parliament before and election
who are statutory instruments made by and what do they do
ministers in government departments
they implement the provisions made in acts of parliament in their area of responsibility
aprox how many si are made each year
3000
who are by laws made by
local authorities
public corporations
what are some types of parliamentary controls
enabling act
affirmative resolution
negative resolution
mps questions
secondary legislation scrutiny committee
repeal by parliament
joint committee on statutory instruments
give an example of a satutory instrument
dangerous dogs act 1991
give an example of a by law
the local government act 1972 (ss235-238)
give an example of a order in council
proroguing of parliament 2019
what is the secondary legislation scrutiny committee
they sit in the house of lords and look at statutory instruments that may be interesting or flawed
they can look at many si but can’t make any changes
what is negative resolution
si will become law if not denied in 40 days
not all si can get scrutiny so not very effective
what are repeals by parliament
parliament can repeal or amend dl
parliament has a lack of time to check all dl
how do judges check the validity of delegated legislation
judicial review
what does ultra vires mean
beyond the powers
what happens if a dl is deemed ultra vires
it’s void
what are the three ways dl can be deemed ultra vires
substantive - the substance is out of line
procedural - the correct procedure wasn’t followed
wednesday unreasonableness - the dl was unreasonable
give an example of a dl that was ultra vires by substantive
r v home secretary ex parte fire brigades union 1995
less compensation given to firefighters and it was deemed ultra vires and void
give an example of a dl that was ultra vires by procedural
aylesbury mushroom case 1972
new regulations to be passed on training agricultural workers
in enable act sos had to contact mushroom growers letter never can so sos did it without them but it was deemed ultra vires and sos had to redo
give an example of a dl that was ultra vires by wednesday unreasonableness
r(rogers) v swindon NHS trust 2006
woman with cancer not giver drugs but others were this was deemed ultra vires and goid
what are the benefits of dl
saves parliament time
uses technical expertise
dosent use consoltation
used in emergencies
uses local knowledge
makes change easier
