Delegated legislation

Question 1

Describe the different types of DL 8m

Answer 1

Bylaws - made by local authorities/businesses, cover local issues or services, under local gov acts, notify local press, approved by secretary of state, motor cycles regulations act
Orders in council - drafted by gov departments, approved by King and privy council, under the parent act, when an instrument isn’t appropriate, trading with the enemy order in council
Statutory instrument - most common, gov department makes law for their area of jurisdiction

Question 2

Court control over DL 8m

Answer 2

Procedural ultra vires - didn’t go through the procedure correctly, such as the law wasn’t printed, Agricultural training v Aylesbury mushroom
Substantive ultra vires - content of the DL is outside the parties’ control, ex parte fire brigades union
Unreasonableness - made laws out of proportion with power/expectations, provincial picture houses v Wednesbury corporation
Inconsistency with human rights - laws must not violate any human rights under EU law

Question 3

Effectiveness of court controls 8 or 12m

Answer 3

Little control, individual must start the claim, not likely due to no knowledge
Rarely funded, individuals don’t have enough money to pursue issues
Enabling act gives lots of power and aren’t specific, hard to rule ultra vires
Courts reluctant to stand up to gov, want to respect supremacy, however supreme court is starting to

Question 4

Parliament control over DL 8m

Answer 4

Enabling act, initial control, sets parameters of what the law is on and who makes it, can repeal powers
Delegated powers and regulatory reform committee, considers inappropriate power, can’t amend, reports
Affirmative resolution procedure, must approve instruments, stated in act
Negative resolution, automatic law after 40 days
Scrutiny committee, reviews instruments, refer not alter

Question 5

Effectiveness of parliament control 8 or 12m

Answer 5

Ultimate control, parent act can revoke or amend, parliamentary supremacy
Huge amount of DL, limited time for proper scrutiny, limits power
Affected by the act, places limitations on others powers, however also limits control
ARP, scrutiny so DL is approved, however rarely used
NRP, no scrutiny, automatic law, little control
Committee, no power to alter or amend, only refer

Question 6

Reasons for DL 8m

Answer 6

Insufficient parliament time
Need technical/expert knowledge
It’s faster (emergencies)
Need for local knowledge
Flexible
Can adapt to/predict future needs of the public

Question 7

Advantages of DL

Answer 7

Saves time, passed quickly (emergencies) as parliament takes too long, however receives criticism for lack of scrutiny
Specialist knowledge, MPs aren’t experts but local councils and ministers have specific knowledge to their area of expertise, example transport minister made DL that required technical knowledge
Parliament control, ARP ensures Dl is within it’s power and agreed upon, however rarely used
Democratic, bylaws are approved by elected bodies (ministers), however orders in council are approved by undemocratic bodies (King)

Question 8

Disadvantages of DL

Answer 8

Undemocratic, didn’t vote for other bodies to make law, however did vote for the gov who issues and approves DL
Lack of control, Negative resolution sits for 40 days and automatic, however court control can stop this
Obscure wording in parent act, bodies may misinterpret act and make law that’s ultra vires, can lead to unfair and biased laws
Lack of publicity, mainly made in private unlike public parliament debates, however bylaws are required to be publicised by press