Delegated Legislation Flashcards
As Parliament is busy it delegates law-making powers to who and what are these laws?
Secondary bodies - new laws are known as secondary legislation.
Who will Parliament pass this power onto?
- Local authorities
- Public Corporation
- Government departments
What are the 3 types of delegated legislation?
- Orders in Council
- By-laws
- Statutory Instruments
Who makes Orders in Court?
King and privy council, they are drafted by gov departments.
What is the reason for Orders in Court?
The civil contingencies Act 2004 give Privy Council to make new law in times of emergency when Parliament is not sitting (during recess).
What is an example of Order in Court?
Petrol Strikes - soldiers ordered to give petrol to empty pumps.
Who makes by-laws?
Local Authorities and Public Corporations.
What is the reason for By-laws?
They’re made to deal with local problems.
What is an example of a By-law?
Public Corporation- no feet on seat.
Local Authorities- speeding.
Who makes Statutory Instruments?
Gov minister head of particular department - Enabling Act.
What are reasons for Statutory Instruments?
Changes to be made to current acts of Parliament without the need of P to make new act. National in effect.
What are examples of Statutory Instruments?
Home Secretary can add dogs to the Dangerous Dogs Act 1991.
What are the advantages for Delegated Legislation?
- Time
- Technical expertise and Knowledge
- Flexibility
- Future needs - emergency.
What are the disadvantages for Delegated Legislation?
- Undemocratic
- Large Volume
- Lack of media coverage
What are the controls of delegated legislation?
- Controls by Parliament
- Controls by Court
What are controls by Parliament?
- Enabling Act
- Affirmative/ Negative resolution procedures
- Scrutiny Committees
What are controls by Court?
- Judicial Review
- Procedural Ultra Vires
- Substantive Ultra Vires
- Unreasonableness
What is the Enabling Act?
Sets out who the law-making power is delegated to and the procedure they must follow.
What is Affirmative reduktion procedures?
Controversial of Statutory Instruments must be voted and debated by one of the houses before becoming a law - SI must approve within 28-40 days.
What is Affirmative resolution procedures?
Controversial of Statutory Instruments must be voted and debated by one of the houses before becoming a law - SI must approve within 28-40 days.
What is Negative resolution procedures?
Allows any MP to put down a motion to annul the piece of delegated legislation within 40 days - if no one objects the law becomes permanent.
What is a Scrutiny Committee?
Examines SI and reports to Parliament if;
- Imposes a tax or charge
- Appears to have retrospective effect which was not provided for by the Parent Act.
- Appears to gone beyond the powers given under the enabling legislation
- Some unusual or unexpected use of those powers
What is judicial review?
A citizen who believes that they have been effected by a regulation or by-law which is Ultra Vires - can apply KBD in High Court.
Injunction will be issued to put regulation and By-law on hold until it’s been looked at.
What is Procedural Ultra Vires?
Gone beyond the power as they haven’t followed correct procedure.
Aylesbury Mushroom;
- Minister of labour failed to follow the correct procedure as he didn’t consult Mushroom Growers Association.
- His order was declared invalid.
