Delegated Legislation

Question 1

What is delegated legislation, and why is it used?

Answer 1

Delegated legislation is law made by bodies other than Parliament under authority from an enabling Act (e.g., local councils). It is used for flexibility, expertise, and saving parliamentary time.

Question 2

What are the types of delegated legislation?

Answer 2

1. Statutory Instruments: Regulations made by ministers (e.g., Covid-19 restrictions).
2. Bylaws: Local laws made by councils (e.g., no smoking areas).
3. Orders in Council: Used in emergencies (e.g., after 9/11).

Question 3

How is delegated legislation controlled?

Answer 3

1. Parliamentary controls: Affirmative/negative resolution, scrutiny committees.
2. Judicial controls: Courts can declare legislation ultra vires if it exceeds authority.

Question 4

How does Parliament retain control over delegated legislation?

Answer 4

1. Affirmative resolution procedures.
2. Negative resolution procedures.
3. Scrutiny by the Joint Committee on Statutory Instruments.

Question 5

What are ultra vires, and how do they relate to delegated legislation?

Answer 5

Ultra vires occurs when delegated legislation exceeds the powers granted by the enabling Act.

(R v Home Secretary, ex parte Fire Brigades Union)

Question 6

What are the advantages of delegated legislation?

Answer 6

1. Saves parliamentary time.
2. Allows for specialist input.
3. Provides flexibility to address urgent issues.

Question 7

What are the disadvantages of delegated legislation?

Answer 7

1. Lack of parliamentary scrutiny.
2. Potential for abuse of power.
3. Complexity and volume make it harder to monitor.

Question 8

What are examples of statutory instruments?

Answer 8

1. Road Traffic Act regulations.
2. Covid-19 restrictions under the Public Health Act 1984.