Delegated Legislation Flashcards
Who makes by laws and why?
Made by local councils or public corporations under the local government act 1982
As they know the area inside out, so know what laws we need to
Give an example of a By Law
London Underground rules (TFL) made by a corporation
Who makes orders in councils and why?
Made by the monarch and privy council under the emergency powers act 1920
As an emergency or we need them law quick
Give an example of orders in council
War and terrorism laws passed after 9/11
Who makes statutory instruments and why
Made by ministers under the enabling act
As they are experts on the matter
Give an example of statutory instrument
Education minister cancelling exams due to covid
What does Ultra Vires mean
Going beyond your power
What are the 3 controls parliament have (legislative controls)
Enabling act
Resolution procedures
Scrutiny committee
What is the enabling act
The act of parliament that gives the delegated body their power
How does the enable act help parliament have control
Controls as it clearly outlines the nature and scope of power
It will also detail who they must consult
What are the resolution procedures
Negative - if the proposed law is not rejected within 40 days it will become law
Affirmative - controversial parliament will look over the law and vote yes/no
Super affirmative - controversial parliament will look over the law in more depth and then vote
How do resolution procedures help parliment control
Affirm & super - parliment will have more oversight and get to vote
Negative - parliament can reject within 40 days
What is the scrutiny committee
There are a number of scrutiny committees that are there to scrutinise delegated legislation, including:
The joint committee on statutory instruments
How does the scrutiny committees help parliament control
They watch over the delegated body and report to parliament if they see ultra vires however, they are often known as dogs with no teeth as they lack power
What happens with judicial controls?
Where would you complain?
Citizen goes the the KBD of the high court to complain about the delegated legislation
Judicial review where judge reviews law to see if it’s correct
What are the controls by court (judicial controls)
Procedural ultra vires
Substantive ultra vires
Unreasonable ultra vires
What is procedural UV
This occurs when the body hasn’t followed the correct procedure
EG: they may not have consulted the relevant people
An example of procedural UV
Aylesbury mushrooms - minister brought in compulsory training for MGA, but didn’t consult them so was UV
What is substantive UV
Different area - hearth minister trying to make law on transport
Tax - trying to impose tax
Give an example of substantive UV
Fire brigades union - compensation scheme for injury
Secuatory of state tried to abolish this
UV as SS had no power to abolish this as outside of area
What is unreasonable UV
This occurs when the body makes a aw treat is so unreasonable no their body would make it
Give an example of unreasonable UV
Strictland - council banned public singing songs that were obscene in public or private
Was UV
What happens if a law if found UV
The law will then be scrapped and the person who made it may have their powers removed
