Delegated Legislation

Question 1

Enabling act

Answer 1

Primary legislation passed by parliament giving other bodies power the power to make laws

Question 2

Why are by laws made?

Answer 2

Save parliamentary time, local knowledge and expertise

Question 3

Public Health Act 1907

Answer 3

Primary legislation, Weymouth and Portland BC used s82 s83 enabling act to pass local law ‘no person can ride a bicycle or tricycle whether propelled mechanically or by other means along a promenade’ (secondary legislation)

Question 4

The Local Government Act 1972

Answer 4

Allows local authorities to make laws in certain areas

Question 5

Trafalga Square and Parliament Square By Law 2002

Answer 5

Secondary legislation created by Greater London Authority, signed by Ken Livingstone 2003 (Labour) 1. Birds must not be fed. 2. Bird feed was not to be distributed - law passed to fit local circumstances

Question 6

Corporation powers

Answer 6

Parliament can give public corporations and companies powers to make law within jurisdiction e.g The British Airports Authority or railways can enforce rules about public behaviour on premises

Question 7

National Trust Act 1907

Answer 7

allows national trust to make by laws for areas of land they own
limitations laid down in act

Question 8

Advantages of delegated legislation

Answer 8

lack of parliamentary time
can be made overnight - fast in emergencies
technicality of subject matter - MP’s dont have expert or local knowledge e.g The Public Health Act 1907
Flexibility - easy to revoke or amend unlike acts of parliament e.g National Minimum Wage 1998
Future needs - can respond quickly

Question 9

Disadvantages of delegated legislation

Answer 9

too much of it - 3000 statutory instruments per year
lack of publicity and debate
less democratic
sub-delegation - mostly done by civil servants
lack of parliamentary controls - as there is so much
lack of judicial controls - judicial review expensive and time consuming
ministers making laws - not their role - goes against montagues theory

Question 10

Statutory instruments

Answer 10

Made by government ministers who head up department e.g education transport
Wide powers to make delegated legislation - ‘legislative reform orders’ amending acts
Ministers can update the law in their areas
Allows specialist knowledge
Drawn up by civil servant lawyers
Quicker and easier to amend than acts of parliament
Used to bring an act into force - commencement order e.g Railways Act

Question 11

National Minimum wage act 1998

Answer 11

Statutory instrument
Allow regular increases to minimum wage
Saves time

Question 12

Police and Criminal Evidence Act 1984

Answer 12

Statutory instrument
Gave power to the minister for the Home Office to produce codes of practice for police - e.g police powers

Question 13

The Constitutional Reform Act 2005

Answer 13

Statutory instrument
Power to Lord Chancellor - issue guidance on procedures for Judicial appointments commission

Question 14

Orders in council

Answer 14

Privy council - current and former government ministers
The Emergency Powers Act 1920 - gives council authority to make laws
- dissolving parliament before an election
- Bringing an act of parliament into force
- dealing with foreign affairs - Afghanistan Order 2001
National emergency when government is not sitting - 9/11 attack Terrorism Order 2001 made using United Nations Act 1946 - allow freezing of funds to stop terrorism

Question 15

The energy act 1976 (Reserve Powers) order 2000

Answer 15

Fuel crisis 2000 - truck drivers blockading refineries

Question 16

Control of delegated legislation/supervision by parliament

Answer 16

Revocation
Negative resolution procedure
Affirmative resolution procedure - Police and Criminal Evidence Act 1984 (PACE) - primary legislation
The super-affirmative procedure
Committee supervision
MPs can ask questions in parliament
House of Lords can veto - Southern Rhodesian Act 1965

Question 17

Judicial control

Answer 17

‘Ultra vires’ - beyond powers Agricultural, Horticultural, and Forestry Training Board v Aylesbury Mushrooms ltd.
Substantive Ultra Vires - beyond powers granted in enabling act - Attorney General v Fulham Corporation
Unreasonableness - manifestly unjust Strickland v Hayes

Question 18

Other controls

Answer 18

Consultation
Publication

Question 19

positives of parliamentary controls

Answer 19

Parliamentary sovereignty - can be revoked by parliament Affirmative and negative resolution procedures for laws of greater importance - allow some debate and a vote if sufficient MPs consider it necessary
MPs can ask questions and raise matter in parliament
House of Lords can revoke delegated legislation - Prevents House of Commons passing controversial legislation by using delegated legislation and bypassing parliament

Question 20

Negatives of parliamentary controls

Answer 20

Too much (3000 per year) to check all effectively
Committee can’t comment or act on merits of delegated legislation no matter how bad it is
MPs can only ask questions if matters drawn to their attention

Question 21

Positives of judicial controls

Answer 21

Gives general public means of challenging delegated legislation where a body has gone beyond powers granted to them

Question 22

Negatives of judicial controls

Answer 22

Requires problem to be brought forward as legal case - fear of ignorance, losing, cost
Has to be a problem before a court case can be started