delegated legislation

Question 1

delegated legislation

Answer 1

law made by some person or body other than parliament but with the authority of parliament

Question 2

parenting/enabling act

Answer 2

enabling act creates the framework for the law and then delegates the power to others to add the detail

Question 3

types of delegated legislation

Answer 3

orders in council - privy council
statutory instruments - government minister
by laws - local authorities

Question 4

orders in council

Answer 4

made by privy council
- prime minster/leading members of government
- gov can make laws without needing the whole of parliament

Question 5

allows them to:

Answer 5

give legal effect to EU directives
transfer responsibility between departments
bringing acts of parliament into force

Question 6

allows them to have:

Answer 6

power to make laws in emergency situations
make orders in council on particular topics

Question 7

can make a range of laws
case

Answer 7

misuse of drugs act 1971 altered in 2003 to move cannabis to class C, repealed to class B again

Question 8

statutory instruments

Answer 8

rules and regulations made by government minsters within their department
can be short - changing minimum wage
can be long containing more detail that any normal act of parliament
over 3000 made a year

Question 9

by laws

Answer 9

local authorities
county council - laws affecting whole council
district/town council - make laws for local area
by laws can also be made by public coperations and certain companies which involve the public

Question 10

control of delegated legislation

Answer 10

DL can be made by unelected bodies
must be tightly controlled
control through parliament and the courts
public enquiries often happen before a law is passed on sensitive matters such as planning on laws that may affect the environment

Question 11

control by parliament

Answer 11

enabling act
- parliament has control and only delegates certain powers
details:
- which government minsters can make regulations
- states the type of law
>whole country or certain areas
parliament can repeal powers at any time

Question 12

delegated powers scrutiny committee

Answer 12

H of L role
check when parliament wants to make a new law to delegate powers that it is appropriate
reports findings to H of L before committee stage

Question 13

checks made to ensure powers aren’t being abused:

Answer 13

1. affirmative resolution
2. negative resolution
3. scrutiny committee
4. special controls under the legislative and regulatory reform act 2006

Question 14

1. affirmative resolution

Answer 14

effects small number of statutory instruments
won’t become a law until specifically approved by parliament

Question 15

affirmative resolution
disadvantage

Answer 15

can’t amend anything
only approve, annual, or withdraw

Question 16

2. negative resolution

Answer 16

effects most statutory instruments
statutory instruments will become law unless rejected by parliament within 40 days

Question 17

negative resolution
disadvantage

Answer 17

very few looked at

Question 18

3. scrutiny committee

Answer 18

effective check but no power to alter any statutory instrument
reviews all of them and will highlight concerns to both housess

Question 19

scrutiny committee
disadvantages

Answer 19

technical review not policy based
make objections on:
imposes tax charge
retrospective effective
gone beyond powers given
unusual/unexpected use of these powers
unclear or defective in some way

Question 20

4. special controls under the legislative and regulatory reform act 2006

Answer 20

sets out procedure for repealing an existing law in order to remove a ‘burden’, this means:
financial cost
administrative inconvenience
Obstacle to productivity or profitability
Sanction, criminal or otherwise which affects the carrying on of any lawful activity

Question 21

Any minster making a statutory instrument under this act must consult:

Answer 21

Organisations effected by proposals
Devolved assemblies
Law commission

Question 22

Orders made under this act have to go before parliament by:

Answer 22

Negative resolution
Affirmative resolution procedure
Super affirmative resolution procedures

Question 23

Control by the courts/judicial controls

Answer 23

DL can be challenged in the courts on the grounds that it is ultra vires
If it is found to be this then the DL is void

Question 24

Courts will assume that unless the enabling act specifically for it, then there is no power to:

Answer 24

Make unreasonable regulations
Levy taxes
Allow sub delegation

Question 25

ultra vires

Answer 25

Can be ultra vires if correct procedure isn’t done
Aylesbury mushroom case 2012

Can also be void if the conflict with EU resolution

Question 26

ultra vires
advantages

Answer 26

Saves parliaments time
Allows for technical expertise to be used to fill in the details of a delegated legislation
Allows consultation
Allows quick law making
Easy to amend

Question 27

ultra vires
disadvantages

Answer 27

Takes law away from the democratically elected body and gives it to non elected people to make law
Sub delegation
Large amount of delegated legislation means it can be difficult to discover what the present law is
Difficult and complex wording makes it difficult to understand