Delegated Legislation

Question 1

As Parliament is busy it delegates law-making powers to who and what are these laws?

Answer 1

Secondary bodies - new laws are known as secondary legislation.

Question 2

Who will Parliament pass this power onto?

Answer 2

1. Local authorities
2. Public Corporation
3. Government departments

Question 3

What are the 3 types of delegated legislation?

Answer 3

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

Question 4

Who makes Orders in Court?

Answer 4

King and privy council, they are drafted by gov departments.

Question 5

What is the reason for Orders in Court?

Answer 5

The civil contingencies Act 2004 give Privy Council to make new law in times of emergency when Parliament is not sitting (during recess).

Question 6

What is an example of Order in Court?

Answer 6

Petrol Strikes - soldiers ordered to give petrol to empty pumps.

Question 7

Who makes by-laws?

Answer 7

Local Authorities and Public Corporations.

Question 8

What is the reason for By-laws?

Answer 8

They’re made to deal with local problems.

Question 9

What is an example of a By-law?

Answer 9

Public Corporation- no feet on seat.
Local Authorities- speeding.

Question 10

Who makes Statutory Instruments?

Answer 10

Gov minister head of particular department - Enabling Act.

Question 11

What are reasons for Statutory Instruments?

Answer 11

Changes to be made to current acts of Parliament without the need of P to make new act. National in effect.

Question 12

What are examples of Statutory Instruments?

Answer 12

Home Secretary can add dogs to the Dangerous Dogs Act 1991.

Question 13

What are the advantages for Delegated Legislation?

Answer 13

1. Time
2. Technical expertise and Knowledge
3. Flexibility
4. Future needs - emergency.

Question 14

What are the disadvantages for Delegated Legislation?

Answer 14

1. Undemocratic
2. Large Volume
3. Lack of media coverage

Question 15

What are the controls of delegated legislation?

Answer 15

1. Controls by Parliament
2. Controls by Court

Question 16

What are controls by Parliament?

Answer 16

1. Enabling Act
2. Affirmative/ Negative resolution procedures
3. Scrutiny Committees

Question 17

What are controls by Court?

Answer 17

1. Judicial Review
2. Procedural Ultra Vires
3. Substantive Ultra Vires
4. Unreasonableness

Question 18

What is the Enabling Act?

Answer 18

Sets out who the law-making power is delegated to and the procedure they must follow.

Question 19

What is Affirmative reduktion procedures?

Answer 19

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.

Question 20

What is Affirmative resolution procedures?

Answer 20

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.

Question 21

What is Negative resolution procedures?

Answer 21

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.

Question 22

What is a Scrutiny Committee?

Answer 22

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

Question 23

What is judicial review?

Answer 23

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.

Question 24

What is Procedural Ultra Vires?

Answer 24

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.

Question 25

What is Substantive Ultra Vires?

Answer 25

Gone beyond power as they’ve made a law which they didn’t have power to do.
R v Secretary of State for Health ex parte Pfizer - Minister of Health was found to acted ultra vires advice - set out to doctors telling them not to prescribe Viagra.

Question 26

What is Unreasonableness?

Answer 26

Often known as Wednesbury principle - established in Associated Picture House v Wednesbury Corporation.