Delegated Legislation

Question 1

What is delegated Legislation

Answer 1

Law made by a body other than parliament, but with the authority of parliament

Question 2

Different types

Answer 2

• Order in Council
• Statutory Instrument
• By-laws

Question 3

How is power delegated?

Answer 3

Enabling act

Question 4

Order in council

Answer 4

The King and Privy Council can make orders in coucnil, made of PM and other members of GOV.

Question 5

Powers of Order in Council

Answer 5

• Transferring responsibility between government departments
• Bringing new acts of parliament into force
• Giving legal effect to European Directives
• Emergency Law (under Civil Contingencies Act 2004)

Question 6

Case Examples for Order in council

Answer 6

Misuse of Drugs Act 1971

Question 7

Statutory Instrument

Answer 7

Rules and legislation made by government ministers

Question 8

Ultra Vires

Answer 8

when a DL has gone beyond or above the limits of the power given to them, not valid law

Question 9

Aylesbury Mushroom case

Answer 9

The court ruled that the consultation requirement was mandatory, and that its breach made the Order invalid as far as mushroom growers were concerned

Question 10

Advantages of DL

Answer 10

Saves parliamentary time

Access to technical support

Allows consolation

Allows quick law making

Easy to amend

Question 11

Disadvantages of DL

Answer 11

Undemocratic

Sub-delegation

Large volume and lack of publicity

Difficult wording