Delegated Legislation Flashcards
What is delegated legislation
Law made by another person or body other than parliament
Why do we need delegated legislation
-Saves time
-deals with complex issues
- quick to amend
- allows faster legislative response
- allows for local needs and concerns to be met
What is a parent/enabling act
Creates a framework of the law and then delegates power to others to make more detailed law in an area
What are the 3 types of delegated legislation
Bylaws
Orders in council
Statutory instruments
What is a by law
Used to deal with local issues
What is an order in council
Often used in an emergency or when parliament arent sitting
Whats a statutory instrument
Public issues made by government ministers and their departments
Who makes by laws
Local councils
Who makes orders in council
The privy council
Who makes stat instruments
Government ministers and their depts
When are parliamentary controls in place
Before the law is made
What 4 types of parliamentary controk are there
Enabling act
Negative resolution procedure
Affirmative resolution procedure
Scrutiny committees
What is affirmative resolution
Parliament is required to vote its approval of delegated legislation
What is negative resolution
Stat Interpretation must be laid before parliament for 40 days, instrument will become law unless parliament objects
What are scrutiny committees
Has powers to draw attention of both houses to instruments which have gone beyond powers given under enabling act
When are court controls in place
Used after leg is in force
What is ultra vires
An act which requires legal authority or power but is then completed outside of authority
Types of ultra vires
Procedural ultra vires
Substantive ultra vires
Substantive ultra vires fot unreasonableness
Inconsistency with HRA 1998
What is procedural ultravires
Body making decision has failed to follow some procedure or requirement laid down in legislation
Example of procedural ultravires
Agricultural training board v aylesbury
What is substantive ultravires
Body making decision has used authorised power in an unauthorised way
Example of substantive ultra vires
R v secretary of state for education
Example of substantive ultra vires
Body making decision makes decision which no reasonable body would
What is substantive ultra vires for unreasonableness
When body makes decision no reasonable body woukld
