Delegated legislation

Question 1

Statutory Instruments

Answer 1

ministers allowed to make laws due to their power given to them by parliament

Question 2

statutory instruments act 1946

Answer 2

giverns how SIs are created

Question 3

Dangerous dogs act 1991

Answer 3

enabling act that allowed home office to ban specific dog breeds

Question 4

misuse of drugs act 1971

Answer 4

2003: order in council called to reclassify cannabis as a class c drug

Question 5

bylaws

Answer 5

local laws or regulations made by local counccils

Question 6

local governments act 1972

Answer 6

allows local councils to make bylaws

Question 7

example of a bylaw

Answer 7

manchester banning public drinking in 2001

Question 8

r v wood 1985

Answer 8

a bylaw that was struck down as ultra vires for vagueness

Question 9

example of an orders in council

Answer 9

foot and mouth disease

Question 10

orders in council

Answer 10

privy council making orders in council during emergencies

Question 11

devolutions laws

Answer 11

scotland act 2016, wales act 2014, Northern Ireland Act 1998

Question 12

Negative resolution procedure

Answer 12

laws pass automatically unless rejected in 40 days

Question 13

What law allows for negative procedure resolution

Answer 13

health and safety at work act 1974

Question 14

Affirmative resolution procedure

Answer 14

Laws that HAVE to be checked by parliament

Question 15

example of affirmative resolution procedure

Answer 15

codes of practice under the police and criminal evidence act 1984

Question 16

procedural ultra vires

Answer 16

occurs when law making is flawed

Question 17

example of procedural ultra vires

Answer 17

aylesbury mushrooms 1972

Question 18

substantive ultra vires

Answer 18

when the law exceeds the enabling act’s scope

Question 19

example of substantive ultra vires

Answer 19

Miller v prime minister 2019: decision to prorogue parliament was unlawful