Delegated Legislation Flashcards
Leanne
what is delegated legislation
a law made by a person or body that is not parliament, but is given authority to by parliament to do so
what is an orders in council
they allow the king and privy council to make legislation without going through parliament
when may orders in council be used
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)
what is an example of where orders in council where used
it was used to alter the misuse of drugs act 1971 by downgrading cannabis to a class c drug
what is a statutory instrument
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
when is a statutory instrument used
they make the part of the law that is too detailed for P to include in the broad frame work of the enabling act
what is an example where a statutory instrument has been used
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
what are bylaws
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
when are bylaws used
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
what is an example of a bylaw
stopping smoking on trains, traffic laws -more specifically, the SW trains limited railway by law under s129 of the railway act 1993
what are some positives to delegated legislation
-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
what are some negatives of delegated legislation
-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
who is the control of delegated legislation exercised by
The parliament
The courts
what is the enabling act
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
what is the negative resolution procedure
the relevant SI will become a law unless P rejects it within 40 days
-most SI
what is an affirmative resolution procedure
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
what is scrutiny by committee
these committees check the SI after they are already in force so they can draw attention to P if needed
who is the Delegated Powers and Regulatory Reform Committee (DRPRRC)
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
what is ultra vires
the legislation goes beyond the powers granted by the enabling act - it will be voided
what is procedural ultra vires
where the delegated legislation is declared void if the procedures set out in the enabling act has not been followed
what is an example where procedural ultra vires has been used
in the Mushroom Case where they failed to consult the Mushroom Growers Association- this was required of them to do under the enabling act
what is substantive ultra vires
where the delegated legislation is declared void as the content exceeds the powers given to them in the enabling act
what is an example where substantive ultra vires was used
Customs and Excise where they made a law deciding the amount of tax due which is out of their power to do
what is unreasonableness
the delegated legislation can be declared void if it is seen to be unreasonable
