Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Law made by a person or body other than Parliament, with Parliament’s authority

Delegated legislation is established through a ‘parent’ Act of Parliament, known as an enabling Act.

Question 2

What is an enabling Act?

Answer 2

A parent Act of Parliament that provides the framework for delegated legislation

The Police and Criminal Evidence Act 1984.

Question 3

Name the three different types of delegated legislation.

Answer 3

By laws
Orders in council
Statutory Instruments

Question 4

Who makes Orders in Council?

Answer 4

The King and the privy council

Question 5

True or False: Orders in Council must be debated and voted upon in Parliament.

Answer 5

False

This type of delegated legislation allows the government to legislate without parliamentary debate.

Question 6

What are some matters Orders in Council can address?

Answer 6

Transferring responsibility between government department

Bringing Acts or parts of Acts into force

Making law in emergencies

Question 7

What is the role of a ‘parent’ Act in delegated legislation?

Answer 7

It creates the framework of the law and delegates power to make more detailed law

Question 8

What are statutory instruments?

Answer 8

Statutory instruments are rules and regulations made by government ministers.

Question 9

Who can make statutory instruments?

Answer 9

Ministers are responsible for different departments and can make statutory instruments related to their department.

Question 10

Give an example of a minister who can make statutory instruments.

Answer 10

The Minister for Work and Pensions can make regulations on work-related matters, such as health and safety at work.

Question 11

What is another example of a statutory instrument?

Answer 11

Chemicals (Hazard Information and Packaging for Supply) Regulations 2009.

Question 12

What are by-laws?

Answer 12

By-laws are made by local authorities to cover matters within their own area.

Question 13

Who can pass by-laws?

Answer 13

A county council can pass by-laws affecting a whole county, while a district or town council can only make by-laws for its district or town.

Question 14

What is the role of the Enabling Act?

Answer 14

It sets out the limits within which any delegated legislation must be made

e.g. which government ministers can make the regulations

Question 15

What are the two types of resolution? - the way in which statutory instruments are laid before parliament

Answer 15

Negative
Affirmative Action

Question 16

What is Negative Resolution?

Answer 16

SI will become law unless rejected by Parliament

Question 17

What is Affirmative Resolution?

Answer 17

SI will not become law unless specifically approved by Parliament

Question 18

What are scrutiny committees made up of?

Answer 18

Joint committee on Statutory instruments

Secondary Legislation on Scrutiny Committees (in the HOL)

Question 19

When can scrutiny committees check legislation?

Answer 19

Only after it has been made and come into force

Question 20

What is the regulatory reform committee?

Answer 20

They report whether the provisions of any bill inappropriately delegate legislative power

Question 21

What are the three types of judicial review that can take place in the High Court once someone has acquired locus standii?

Answer 21

Procedural
Unreasonable
Substantive

Question 22

What is Procedural Ultra Vires?

Answer 22

The correct procedure set out by the enabling Act has been followed

Question 23

What is substantive Ultra Vires?

Answer 23

The rule making body has no substantive power under the enabling Act to make the rules in question

Question 24

What is unreasonable Ultra Vires?

Answer 24

The decision is so irrational that no reasonable authority would ever consider imposing it

Question 25

Procedural Ultra Vires example

Answer 25

Aylesbury Mushroom Case (1972)

Question 26

Substantive Ultra Vires example

Answer 26

R v Home Secretary - Fire Brigades Union (1995)

Question 27

Unreasonable Ultra Vires example

Answer 27

R v Swindon NHS Trust (2006)

Question 28

2 needs for Delegated Legislation

Answer 28

Parliament does not have the time to consider and debate every small detail of complicated regulations

Local councils can deal with issues that are of concern to them - create by-laws to regulate behaviour

Question 29

2 Advantages of Delegated Legislation

Answer 29

Time saving

Greater expertise - detail specific to certain industries or local areas

Question 30

2 Disadvantages of Delegated Legislation

Answer 30

Undemocratic - Unelected people are making law, taking away from the HOC

Obscure wording - difficulty in understanding law

Question 31

2 Disadvantages of Delegated Legislation

Answer 31

Undemocratic - Unelected people are making law, taking away from the HOC

Obscure wording - difficulty in understanding law