Delegated Legislation

Question 1

Primary Legislation

Answer 1

made by Parliament

Question 2

Secondary Legislation

Answer 2

Delegated Legislation

Question 3

Meaning of DL

Answer 3

Law made by bodies other than Parliament

Question 4

What are the four main forms of delegated legislation?

Answer 4

Statutory Instruments/Byelaws/orders in councils/Devolution

Question 5

Statutory Instruments

Answer 5

Made by government departments

Question 6

Example of SI

Answer 6

Traffic Management Act 2004

Question 7

Byelaws

Answer 7

Made by local authorities, public corporations and companies

Question 8

Example of Byelaws

Answer 8

Local Government Act 1972

Question 9

Orders in Council

Answer 9

Made in times of Emergency (Emergency Powers Act 1920 + Civil Contingencies Act 2004)

Question 10

Example of Orders in Council

Answer 10

Misuse of drugs Act 1921

Question 11

Devolution

Answer 11

Transferring power from central government to regional or local government.

Question 12

Example of devolution

Answer 12

Welsh Parliament increased power

Question 13

What types of control are there?

Answer 13

parliamentary and judicial

Question 14

Affirmative resolution

Answer 14

SI has to be laid before both houses of parliament and must approve measure

Question 15

Negative resolution

Answer 15

SI is published but not debate or vote takes place and it is not considered before parliament.

Question 16

Consultation

Answer 16

Many enabling Acts require this with interested parties or those who will be affected by DL

Question 17

Joint Committee on Statutory Instruments

Answer 17

SI’s subject to review by the joint committee which reports to the house of commons or house of lords on any SI’s that need special consideration.

Question 18

methods of Judiciary

Answer 18

Judicial Review/ Procedural ultra vires/ Substantive ultra vires/ unreasonableness

Question 19

What is judicial review

Answer 19

The process for challenge which takes place in King’s bench Division of the High Court

Question 20

Procedural ultra vires

Answer 20

Procedures laid down in the enabling Act for making the SI have not been followed.

Question 21

Example of procedural ultra vires

Answer 21

Aylesbury Mushroom Case

Question 22

Substantive ultra vires

Answer 22

Where DL goes beyond what Parliament intended.

Question 23

Example of Substantive ultra vires

Answer 23

Deeley Case

Question 24

Unreasonableness

Answer 24

DL can be challenged as being this if the person who made it had taken into account matters they shouldn’t have done.

Question 25

Advantages of DL

Answer 25

Flexible/ Helpful of time/ Speed/Expertise/local knowledge

Question 26

Disadvantage of DL

Answer 26

Lack of control/ undemocratic/sub-delegation/nature

Question 27

Void

Answer 27

DL is null and without legal force or binding effect.