Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

• When parliament give powers to another person to make laws

Question 2

What is a parenting/enabling act?

Answer 2

• Made by parliament which sets out the framework of the act and how much power is given to another person

Question 3

What are the three types of delegated legislation?

Answer 3

1. Orders in council
2. Statutory instruments
3. By-Laws

Question 3

What is the order in council?

Answer 3

• The monarch and privvy council who has power to make laws in emergency settings
• It allows legislation to be made without going through parliament

Question 3

What are statutory instruments?

Answer 3

• Law making is delegated to government departments, they make decisions that fall under their area of responsbility
• Most common type of delegated legislation
  Eg. Change to annual minimum wage

Question 4

What are By-Laws?

Answer 4

• They are made my local authorities to cover matters in their own area
• County coucils and district councils may be affected such as the whole country and local area

Question 5

How do we control delegated legislation before it happens?

Answer 5

• Enabling act who sets out the limits of their power
• The scrutiny committee decide if it is delegating power inappropriately
• Parliament can repeal the act

Question 6

How do we control delegated legislation during in parliament?

Answer 6

1. Affirmative resolutions = The SI must be specifically approved by parliament to be become law. This can be approved, annulled or withdrawn
2. Negative resolutions = Will become law unless rejected by parliament within 40 days
3. Questioning of ministers by MP’s

Question 7

What is the joint select committee on statutory instruments?

Answer 7

• Scrutiny committee who review all SI’s
• There are certain grounds for referral such as
  1. Imposes a tax or charge
  2. Appears to have retrospective effect
  3. Makes unusual use of powers

Question 8

What is the legislative and regulatory reform act 2006?

Answer 8

• Statutory instruments that repeal existing laws due to multiple reasons. They must consult organisations that are affected by the SI,
• They can use the three procedures of negative, affirmative and super-affirmitave

Question 9

How do we control delegated legislation after in the courts?

Answer 9

• Ultra vires can be used which deems legislation to be null and void. This is used when the delegated legislation goes beyond the powers that parliament is granted in the enabling act
• Eg. Aylesbury Mushroom Case

Question 10

What is secondary legislation and what is it used for?

Answer 10

• Secondary legislation is law created by ministers and used to fill in the details of the act which is primary legislation
• These details provides measures that enable the law to be enforced and operated in daily life

Question 11

Why do we use delegated legislation?

Answer 11

• It allows detail, expert and local knowledge to be added into the laws

Question 12

What are the advantages of delegated legislation?

Answer 12

• It saves time and money
• It allows quick law making
• It is easy to amend
• It allows access to technical expertise

Question 13

What are the disadvantages of delegated legislation?

Answer 13

• There is a lack of publicity
• It is undemocratic
• It is difficult wording

Question 14

What is Judicial Review?

Answer 14

• The courts can intervene after the legsilation has been passed
• A judicial review is a procedure which a court can review an adminstrative action by a public body
• This can be deeming the legislation as UV
• They cannot make unreasonable regulations, levy taxes or allow sub-delegation