Delegated Legislation Flashcards
What is delegated legislation?
Delegated legislation is law made by an individual or body under powers given to them by an Act of Parliament.
True or False: Delegated legislation is also known as secondary or subordinate legislation.
True
What are the types of delegated legislation?
The types are statutory instruments and by-laws and orders in council
Fill in the blank: Statutory instruments are a type of __________ legislation.
delegated
What is the primary purpose of delegated legislation?
The primary purpose is to allow the detailed implementation of laws without the need for Parliament to pass a new Act.
What is an example of a statutory instrument?
An example of a statutory instrument is the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.
Who can create delegated legislation?
Delegated legislation can be created by government ministers, local authorities, and other bodies authorized by Parliament.
True or False: Delegated legislation can be challenged in court.
True
What is the role of the Scrutiny Committee regarding delegated legislation?
The Scrutiny Committee reviews statutory instruments and reports any issues to Parliament.
What is the difference between affirmative and negative resolution procedures in delegated legislation?
Affirmative resolution requires active approval by Parliament, while negative resolution allows the legislation to become law unless objection is raised.
Fill in the blank: By-laws are a type of delegated legislation made by __________.
local authorities
What is the significance of the Statutory Instruments Act 1946?
The Statutory Instruments Act 1946 established the framework for the creation and scrutiny of statutory instruments.
True or False: Delegated legislation can only be revoked by the authority that created it.
True
What does ‘ultra vires’ mean in the context of delegated legislation?
Ultra vires means that the legislation exceeds the powers granted by the parent Act.
What is an example of a body that may create by-laws?
An example is a local council creating by-laws for public parks.
Prohibition of skateboarding or drinking alcohol in certain areas or speeding to prevent injuries to prevent injuries to pedestrians
Multiple Choice: Which of the following is NOT a type of delegated legislation? A) Statutory Instruments B) By-Laws C) Primary Legislation D) Orders in Council
C) Primary Legislation
What is the purpose of public consultation in the context of delegated legislation?
Public consultation allows stakeholders and the public to provide input before the legislation is finalized.
Fill in the blank: Delegated legislation is often used to fill in __________ details of primary legislation.
technical
What is the ‘superior authority’ in the context of delegated legislation?
The superior authority refers to Parliament, which grants the powers to create delegated legislation.
True or False: Delegated legislation can be made without any parliamentary oversight.
False
What is the significance of the Legislative and Regulatory Reform Act 2006?
It allows for the simplification and removal of unnecessary regulation through delegated legislation.
What is the main advantage of using delegated legislation?
The main advantage is that it allows for quicker and more flexible law-making compared to the lengthy process of passing an Act of Parliament.
Multiple Choice: Which of the following is a limitation of delegated legislation? A) It can be more detailed B) It is subject to parliamentary control C) It can be challenged in court D) It can be made without any rules
D) It can be made without any rules
True or False: Delegated legislation can only be created for specific areas defined by the parent Act.
True
