delegated legislation

Question 1

what is delegated legislation

Answer 1

parliament gives someone else the power to make law.

Question 2

what allows someone to make delegate legislation and an example.

Answer 2

an enabling act, corona virus act 2020

Question 3

what are the three types of delegated legislation

Answer 3

orders in council
by law
statutory instruments

Question 4

who makes orders in council

Answer 4

the king and the privy council.

Question 5

when are orders in council

Answer 5

amend or update laws
transfers responsibility between gov departments
make law in time of emergencies

Question 6

an example of order in council

Answer 6

the misuse of drug act 1971

Question 7

who make by laws

Answer 7

local authority and large public bodies.

Question 8

who do by laws apply to

Answer 8

only apply to areas over which the council/ public bodies have control over

Question 9

why do we have by laws

Answer 9

its quicker to them to make decisions and they should know the local area better than parliament

Question 10

example of by law

Answer 10

ban on smoking in London underground

Question 11

who makes statutory instruments

Answer 11

government departments and ministers

Question 12

what can these people make statutory instruments about

Answer 12

can only be made about their area of responsibility

Question 13

how many statutory instruments are made each year

Answer 13

around 3000

Question 14

why do we have statutory instruments

Answer 14

these departments and ministers will have expert knowledge on the situations they are dealing with

Question 15

example of statutory instruments

Answer 15

corona virus regulations 2020

Question 16

4 reasons for delegated legislation

Answer 16

-parliament don’t have the time
-parliament wont always have the necessary expertise
-parliament might not know issues in local areas
-it can be changes quicker meaning there is a quick reaction to changing circumstances

Question 17

why does there need to be controls on delegated legislation. and what are the three controls

Answer 17

because they are not elected and have been given a lot of power.
- enabling acts
-negative resolutions
affirmative resolutions

Question 18

5 reasons enabling acts control delegated legislation

Answer 18

-parliament chooses what powers to delegate in the enabling act.
-it can decide which gov ministers to give power.
-specify who to consult/ how they make the delegated law
-specify where delegated law apply.
-they can remove or repeal power at any time

Question 19

what happens in the negative resolution

Answer 19

SI becomes law but can automatically be rejected by parliament in 40 days, there is no debate on this issue.

Question 20

what happens in the affirmative resolution

Answer 20

a debate will follow the introduction and both houses of parliament must expressly approve the SI before it can be introduced, but parliament cannot amend the act of accept or reject it

Question 21

What does the scrutiny committee review/ check

Answer 21

Checks all statutory instruments

Question 22

What can the scrutiny committee do

Answer 22

Draw the attention of both houses of parliament to any si which need farther consideration

Question 23

Why might the scrutiny committee refer a si instrument back to parliament

Answer 23

• Si exceeds powers given in enabling acts
• si makes unexpected use of power
  -s1 is unclear

Question 24

What are scrutiny committee limitations

Answer 24

Cannot alter any s1 only refer the problem to paniament

Question 25

Parliament is supreme so the validity of the enabling act cannot be challenged what can be challenged and by who

Answer 25

Delighted legislation, by someone with standing interest in the case.

Question 26

What is the delegated legislation declared if it is void

Answer 26

Ultra vires (beyond powers given)

Question 27

What are the three situation that do are declared ultra vires

Answer 27

1) the delegated legislation goes beyond he powers granted by the enabling act
2) the dl didn’t follow the correct procedure
3) a decision made under dl was unreasonable

Question 28

What is the case for when delighted legislation went beyond the powers granted by the enabling act

Answer 28

R v Home Secretary ex parte fire brigade union

Question 29

What happened in r v Home Secretary ex parte fire brigades union

Answer 29

The Home Secretary was allowed to declare the date for introducing the criminal injury compensation scheme however the Home Secretary changed the scheme as well as deciding the date to introduce it. He had done more than he was allowed to do under the enabling act and so was declared ultra vires

Question 30

What is the case where delighted legislation did not follow the correct procedure

Answer 30

Agriculture training board v Aylesbury mushrooms

Question 31

What happened in Agriculture training board v Aylesbury mushrooms

Answer 31

The minister of labour tried to introduce new regulations for the training of mushroom growers.
However they were meant to consult any group representing a large amount of mushroom growers but failed to consult a group who mad e up 85%of them (mushroom growers association) so the court decided that the law was ultra vires.

Question 32

What was the case where a decision that was made under dl was unreasonable

Answer 32

Rodger’s v Swindon NHS trust

Question 33

What happened in Rodger’s v Swindon NHS trust

Answer 33

Miss Rodger’s had breast cancer and needed to take the drug herseptin but was not approved by nhs and the said the couldn’t have it because they could only get it in exceptional circumstances so she sued them the court said that this was unreasonable from the nhs as it’s unreasonable to give different medical treatment to those who have the same medical needs so it was ultra virus