Delegated Legislation

Question 1

what is delegated legislation

Answer 1

a law made by a person or body that is not parliament, but is given authority to by parliament to do so

Question 2

what is an orders in council

Answer 2

they allow the king and privy council to make legislation without going through parliament

Question 3

when may orders in council be used

Answer 3

when it is not appropriate for a statutory instrument to be used - need a quick process (e.g. right before an election when P isn’t present)

Question 4

what is an example of where orders in council where used

Answer 4

it was used to alter the misuse of drugs act 1971 by downgrading cannabis to a class c drug

Question 5

what is a statutory instrument

Answer 5

they’re the most common and is when government ministers are given the power my P to make legislations under there areas of particular responsibility

Question 6

when is a statutory instrument used

Answer 6

they make the part of the law that is too detailed for P to include in the broad frame work of the enabling act

Question 7

what is an example where a statutory instrument has been used

Answer 7

SI’s are used to annually amend the minimum wage act by changing the figures under the minimum wage act 1998- bc it’s so important P still needs to sign off

Question 8

what are bylaws

Answer 8

P gives power to local authorities and councils to make laws specific to certain areas. they must all be signed off by relevant government ministers

Question 9

when are bylaws used

Answer 9

when laws are needed that are specific to a certain area so doesn’t apply to the larger population- won’t make sense for P to waste their time on it

Question 10

what is an example of a bylaw

Answer 10

stopping smoking on trains, traffic laws -more specifically, the SW trains limited railway by law under s129 of the railway act 1993

Question 11

what are some positives to delegated legislation

Answer 11

-saves P’s time
-laws can be created when P isn’t sitting
-specialised knowledge
-further consultation
-if it’s an emergency the law can be made urgently
-easily make amendments to laws

Question 12

what are some negatives of delegated legislation

Answer 12

-all bylaws and some SI’s have to still be signed off by P so doesn’t save that much time
-not thorough
-no vote or debate
-abuse of power
-not democratic
-sub-delegation (risk of power being further given away)
-lack of publicity
-contradicts separation of powers

Question 13

who is the control of delegated legislation exercised by

Answer 13

The parliament
The courts

Question 14

what is the enabling act

Answer 14

it sets out limits within which any delegated legislation must be made leaving P in control. P also retains power by being able to repeal the powers in the enabling act at any time

Question 15

what is the negative resolution procedure

Answer 15

the relevant SI will become a law unless P rejects it within 40 days
-most SI

Question 16

what is an affirmative resolution procedure

Answer 16

it means that the SI will need to be approved by P specifically or it will never become a law . the need for affirmative resolution procedures will be stated in the enabling act
-only some SI

Question 17

what is scrutiny by committee

Answer 17

these committees check the SI after they are already in force so they can draw attention to P if needed

Question 18

who is the Delegated Powers and Regulatory Reform Committee (DRPRRC)

Answer 18

a committee who reports whether the provision of any bill inappropriately delegate legislative power or whether the exercise of legislative power is subjected to an inappropriate degree of parliamentary scrutiny

Question 19

what is ultra vires

Answer 19

the legislation goes beyond the powers granted by the enabling act - it will be voided

Question 20

what is procedural ultra vires

Answer 20

where the delegated legislation is declared void if the procedures set out in the enabling act has not been followed

Question 21

what is an example where procedural ultra vires has been used

Answer 21

in the Mushroom Case where they failed to consult the Mushroom Growers Association- this was required of them to do under the enabling act

Question 22

what is substantive ultra vires

Answer 22

where the delegated legislation is declared void as the content exceeds the powers given to them in the enabling act

Question 23

what is an example where substantive ultra vires was used

Answer 23

Customs and Excise where they made a law deciding the amount of tax due which is out of their power to do

Question 24

what is unreasonableness

Answer 24

the delegated legislation can be declared void if it is seen to be unreasonable