Delegated Legislation

Question 1

DL - How

Answer 1

• Act of parliament past . enable secondary body pwr to make law -> an ‘enabling act ‘

Question 2

DL - What

Answer 2

• when Parliament delegates some of its law making ability to seconndary bodies, to make them on its behalf

Question 3

DL types

Answer 3

• Orders in council
• Statutory Instruments
• By-laws

Question 4

Orders in Council - who

Answer 4

King + privy council
- PC-> PM + leading Mins

Question 5

Orders in Council - What

Answer 5

• transfer responsibility between gov departments.
• Bringing Acts or parts of acts into force
• some aspects of foreign affairs
• National emergency ie _> Energy Act 2976 -> fuel crisis
• amend/update existing law i.e Misuse of Drugs Act 1971 -> 2003 downgrade Cannabis to Class c -> 2008 become Class B

Question 6

Statutory intruments -who

Answer 6

mins + gov departments make regs under their area of particular responsibility

Question 7

Statutory instruments - What

Answer 7

• Very short -> one point i.e annual changes
  = very log + detailed -> too complex to put in Act of parliament
• National Min. Wage Act 1998 -> pwr gov min to annual update
• Coronavirus Act 2020 -> health secretary make ‘lockdown’ regs

Question 8

local by-laws

Answer 8

• local gov.
  i.e traffic/dogs on beaches, drinking alcohol in public places
• Most under local gov. Act 1982
• Must be confirmed by Relevant SofS
  before in force

Question 9

Technical by laws

Answer 9

• public co-op & certain companies -> matters that involve pulic
• I.e SWR make technical by-laws afffecting their network under Transport Act 2000
• Must be confirmed by relevant SofS before into forcce

Question 10

Controls on DL by parliament

Answer 10

• Enabling Act
• Resolution Procedures for SI
• Scrutiny committees
• Questioning of ministers

Question 11

Controls on DL by parliament - Enabling Act

Answer 11

• limits on DL -> who can make/appeal/ammend
• consultation w/ others?
• P can retain control by repealing/ammend pwrs of enabling act at anytime
• Publication all SI required under SIA 1946

Question 12

Controls on DL by parliament - Resolution Procedure

Answer 12

• affirmative - SI not law unless spec. approved by P (by vote) w/in spec. period usually 28-40 days
• negative - SI law unless rejected w/in 40 days -> all MP allowed to put motion to annul

Question 13

Controls on DL by parliament: Scrutiny

Answer 13

• Commitees -> scrutinise proposal to delegate pwr i.e Delegated
  Powers and Regulatory Reform Committee.
• others -> consider lawful use & impact of DL i.e Secondary Legislation Scrutiny
  Committee.

Question 14

Controls on DL by parliament: questioning of gov. ministers

Answer 14

• questioned by MP in HOC for work in dep. this can include proposed or current DL

Question 15

Controls by court via. Judicial review

Answer 15

• Substantive ultra vires - SB beyond pwrs granted
• Procedural Ultra vires - Failed to follow correct procedure in enabling Act
• unreasonable - no reasonable authority ever come to it

Question 16

substantive ultra vires example

Answer 16

• Fire Brigade Union Case
• Gov. min lack pwr to ammend changes to Criminal Injuries Compensation Scheme

Question 17

procedural Ultra vires - example

Answer 17

• Aylesbury Mushrooms case
• Min. of Labour fail to consult Mushroom Growers’ Association over estab. new training requirements

Question 18

unreasonable - Example

Answer 18

wednesnbury case
- cinema granted license to open sunday if no children under 15 admitted