Delegated Legislation

Question 1

Delegated Legislation

Answer 1

Laws or rules written outside of parliament when a person or body has been given the authority by parliament to make those rules/laws

Question 2

Reasons for DL

Answer 2

-Parliament does not have time
-Parliament does not have necessary experience
-May need to introduce laws quickly

Question 3

Enabling Act

Answer 3

A law passed by parliament which gives a person or body the authority to make laws
-Sets out the framework of the law
-Specify who makes, what areas and what procedures must be followed

Question 4

Types of DL

Answer 4

1.Orders in Council
2.Statutory Instruments
3.By laws

Question 5

Orders in Council

Answer 5

Orders in council can also be used to bring an act into force, to dissolve parliament or to recognise responsibilities of gov departments
-Transferring responsibility between gov
-Bringing acts/ parts together
-Makes laws in emergencies under the Civil Contingencies Act 2004

Question 6

The Misuse of Drugs Act

Answer 6

Upgraded cannabis to a class B under the enabling Act

Question 7

Statutory Instruments

Answer 7

A piece of legislation created by a government minister under the authority of the enabling act
—Refers to the rules and regulations made by government ministers regarding their area of responsibility
-3000 each year
-Minimum Wage Act 1998

Question 8

By Laws

Answer 8

These can be made by local authorities to cover matters in their own area
-A county council pass bylaws affecting a whole countries
-Local Government (Miscellaneous Provision) Act 1982
-Boddington v British transport police - bylaws are enforceable by courts

Question 9

Controls by Parliament

Answer 9

1. Approval on the enabling act
2. Negative Resolution Procedure
   3.Affirmative Resolution
3. Scrutiny by Committee

Question 10

Enabling Act

Answer 10

Parliament controls DL by passing an enabling act that must be followed
-Limits power
-May be repealed, revoked or amended

Question 11

Negative Resolution

Answer 11

Most statutory instruments will be subject to a negative resolution
-Law unless rejected by parliament in 40 days
-Few are looked at so many passed

Question 12

Affirmative Resolution

Answer 12

A small number of SI are subject to this, Will not become law until it has been specifically approved by parliament
-Necessary procedure will be stated in the enabling act

Question 13

Scrutiny Committee

Answer 13

These bodies are an effective check on statutory instruments and are created to review
1.

Question 14

Controls by the Courts

Answer 14

-Judicial review
-Substantive Ultra Vires
- Wednesbury Unreasonableness
-Procedural Ultra Vires

Question 15

Judicial Reviews (courts)

Answer 15

The courts can control DL through Judicial review
-Takes place in the special Administrative
court within the KBD
-Ultra Vires, beyond their powers, challenges lawfulness of administrative decisions