Delegated Legislation Flashcards
What is the enabling act?
Creates framework of the law and delegates power to others
What are orders in council?
Made by king and privy council
e.g Misuses of Drugs Act
When are orders in council used?
Emergencies, bringing statutes into force, emergencies when Parliament is not sitting, amend/update existing laws
What are statutory instruments?
Made by government ministers and departments
e.g Updated minimum wage under National Minimum Wage Act
What are statutory instruments used for?
Implementing/updating Act of Parliament, add detail to Act of Parliament, make small changes
What are by-laws?
Made by local authorities for matters in own area, made by corporations for matters within their jurisdiction that affect the public
e.g Local Government Act
What are by-laws used for?
Companies to enforce rules on public behaviour in premises
How does the enabling act control delegated legislation?
Parliament has ultimate control over what powers are delegated
How does scrutiny by committee control delegated legislation?
Reviews and reports statutory instruments that: impose tax charge, retrospective effect, goes beyond powers of enabling act, unexpected/unusual use of powers, unclear/defective in some way
How does affirmative resolution control delegated legislation?
Small number of statutory instruments require parliamentary approval within 28 days
How does negative resolution control delegated legislation?
Statutory instrument becomes law if not rejected by Parliament in 40 days
How does super-affirmative resolution control delegated legislation?
Legislation and Reform Act 2006 allows amendments by government within 60 days
How do courts control delegated legislation?
Can be challenged by someone with sufficient standing/interest, judicial review procedure in KBD, act becomes void if found ultra vires
How can delegated legislation be seen as procedural ultra vires?
Ayelsbury Mushroom Case, correct procedures not followed
How can delegated legislation be seen as substantive ultra vires?
Content of delegated legislation goes beyond powers
R v Sec State for Social Security
What is the Wednesbury Unreasonableness?
Wednesbury Corporation Case, act is ultra vires if unreasonable
