Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Delegated legislation is law made by an individual or body under powers given to them by an Act of Parliament.

Question 2

True or False: Delegated legislation is also known as secondary or subordinate legislation.

Answer 2

True

Question 3

What are the two main types of delegated legislation?

Answer 3

The two main types are statutory instruments and by-laws.

Question 4

Fill in the blank: Statutory instruments are a type of __________ legislation.

Answer 4

delegated

Question 5

What is the primary purpose of delegated legislation?

Answer 5

The primary purpose is to allow the detailed implementation of laws without the need for Parliament to pass a new Act.

Question 6

What is an example of a statutory instrument?

Answer 6

An example of a statutory instrument is the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.

Question 7

Who can create delegated legislation?

Answer 7

Delegated legislation can be created by government ministers, local authorities, and other bodies authorized by Parliament.

Question 8

True or False: Delegated legislation can be challenged in court.

Answer 8

True

Question 9

What is the role of the Scrutiny Committee regarding delegated legislation?

Answer 9

The Scrutiny Committee reviews statutory instruments and reports any issues to Parliament.

Question 10

What is the difference between affirmative and negative resolution procedures in delegated legislation?

Answer 10

Affirmative resolution requires active approval by Parliament, while negative resolution allows the legislation to become law unless objection is raised.

Question 11

Fill in the blank: By-laws are a type of delegated legislation made by __________.

Answer 11

local authorities

Question 12

What is the significance of the Statutory Instruments Act 1946?

Answer 12

The Statutory Instruments Act 1946 established the framework for the creation and scrutiny of statutory instruments.

Question 13

True or False: Delegated legislation can only be revoked by the authority that created it.

Answer 13

True

Question 14

What does ‘ultra vires’ mean in the context of delegated legislation?

Answer 14

Ultra vires means that the legislation exceeds the powers granted by the parent Act.

Question 15

What is an example of a body that may create by-laws?

Answer 15

An example is a local council creating by-laws for public parks.

Question 16

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

Answer 16

C) Primary Legislation

Question 17

What is the purpose of public consultation in the context of delegated legislation?

Answer 17

Public consultation allows stakeholders and the public to provide input before the legislation is finalized.

Question 18

Fill in the blank: Delegated legislation is often used to fill in __________ details of primary legislation.

Answer 18

technical

Question 19

What is the ‘superior authority’ in the context of delegated legislation?

Answer 19

The superior authority refers to Parliament, which grants the powers to create delegated legislation.

Question 20

True or False: Delegated legislation can be made without any parliamentary oversight.

Answer 20

False

Question 21

What is the significance of the Legislative and Regulatory Reform Act 2006?

Answer 21

It allows for the simplification and removal of unnecessary regulation through delegated legislation.

Question 22

What is the main advantage of using delegated legislation?

Answer 22

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.

Question 23

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

Answer 23

D) It can be made without any rules

Question 24

True or False: Delegated legislation can only be created for specific areas defined by the parent Act.

Answer 24

True

Question 25

What is an ‘Order in Council’?

Answer 25

An Order in Council is a type of delegated legislation made by the Privy Council, often used in emergencies.

Question 26

What must be done for negative resolution delegated legislation to be annulled?

Answer 26

It must be objected to by either house of Parliament within a certain time frame.

Question 27

Locus standi

Answer 27

Legal term referring to a person or body that has an interest in challenging delegated legislation

Question 28

Substantive ultra vires

Answer 28

A situation where the content of delegated legislation goes beyond the powers intended by the enabling act

Question 29

Unreasonable ultra vires

Answer 29

A situation where delegated legislation is deemed unlawful because it is unreasonable or irrational

Question 30

Procedural ultra vires

Answer 30

A situation where delegated legislation is deemed unlawful because the correct procedure set out in the enabling act was not followed

Question 31

Negative resolution

Answer 31

A procedure where a statutory instrument becomes law automatically unless an annulment motion is ut down within a set period

Question 32

Affirmative resolution

Answer 32

A procedure requiring a statutory instrument to be specifically approved by parliament before it becomes law