Delegated Legislation Flashcards
What is a parent act?
the original act, known as an enabling act
What does the parent act do?
allows other bodies with as much authority as parliament to pass laws
Definition of delegated legislation
law made by some other person or body to parliament with the same authority
What is an Orders in council?
King, Privy council, senior politicians that make laws that don’t need to be debated on in parliament
What is a Statutory Instrument?
refers to rules and regulations made by government ministers
What is a by-law?
rules made by local authorities
What are 5 reasons why delegated legislation is needed?
- lack of parliamentary time
- consultation can be more extensive
- technical expertise can be used
- quicker to pass legislation
- easier to amend
List matters of Orders in council
transfer responsibility between government departments, bring acts of parliament into force, make laws in emergencies
Give 2 examples of enabling acts
Misuse of Drugs Act 1971
Police and Criminal Evidence Act (PACE) 1984
Describe statutory instruments
- they can be short, covering only one point
- they can be long, with detailed regulations that are too complex for Acts of Parliament
- in 2014, 3481 made
- in 2019, 1410 made
Give 2 examples of statutory instruments
Chemical regulations 2009
Police Codes of Practice
Describe by-laws
cover traffic control, parking, regulating behaviour
county council can make them that will affect whole country
eg Transport for London
What is affirmative resolutions?
statutory instruments don’t become law unless approved by Parliament
small number subject to this
can reject not change
What is negative resolutions?
statutory instruments will become a law if not rejected in 40 days of issue
What is the scrutiny committee?
joint and secondary legislation scrutiny committee
check legislation once it has come into force
can only recommend changes
What are the 3 controls of the judiciary over delegated legislation?
procedural, substantive, wednesbury unreasonableness
What is procedural ultra vires?
when the correct procedures haven’t been followed
Give 2 examples of when procedural ultra vires was used
- Aylesbury Mushroom case 1972
a board was set up without contacting the growers in the Mushroom Growers Association, enabling act stated that they had to be contacted - R v Secretary v of State for Education and Employment 2000
access to higher pay for teachers was only consulted for only 4 days which is unfair
What is substantive ultra vires?
a rule making body has no substantial power under the enabling act to make the rules in question
Give an example of when substantive ultra vires was used
R v Home Secretary ex parte Fire Brigades Union 1995
changes made by the Home Secretary to the Criminal Injuries Compensation Scheme were above the delegated powers given in the Criminal Justice Act 1988
What is Wednesbury unreasonableness?
when a decision is so unreasonable/irrational that no reasonable body/position of authority would ever consider imposing it
Give an example of when Wednesbury unreasonableness was used
R v Swindon NHS Trust 2006
a woman with breast cancer was denied to be prescribed a drug Herceptin, as it was ‘not exceptional’, however the NHS did provide the same drug to others in her area, the decision in court was that it was unreasonable, so ultra vires and void
List 7 advantages to using delegated legislation
- time saving
- policy over detail
- speed
- expertise
- flexibility
- Acts of Parliament can be brought into action
- control
List 4 disadvantages to delegated legislation
- undemocratic
- sub-delegation
- large volume
- obscure wording
