Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Law made by a person/body other than Parliament, with the authority of Parliament

Question 2

How does delegated legislation work?

Answer 2

Parliament gives authority in a parent/enabling act

Question 3

What can an enabling act do?

Answer 3

Create a framework, set limits and outline procedures

Question 4

What is primary legislation?

Answer 4

Parliament create a parent/enabling act which gives power

Question 5

What is secondary legislation?

Answer 5

Local authorities/ companies/ privy council/ government ministers granted power to make delegated legislation

Question 6

What are the four reasons for the use of DL?

Answer 6

Time
Local knowledge
Expertise
National Emergency

Question 7

Why is time a reason for DL?

Answer 7

Parliament don’t have time or expertise to pass every law necessary

Question 8

Why is local knowledge a reason for DL?

Answer 8

MPs wouldn’t have local knowledge necessary to understand what laws to put in place for certain areas

Question 9

Why is expertise a reason for DL?

Answer 9

For small changes to existing laws, would be better to have them made by an expert

Question 10

Why is national emergency a reason for DL?

Answer 10

War/national crisis would mean it is impractical to have parliament sitting during that time so laws may need to be passed quickly

Question 11

What are the three types of DL?

Answer 11

Orders in council
Statutory instruments
Bylaws

Question 12

Who makes orders in council?

Answer 12

King and privy council

Question 13

Why are orders in council made?

Answer 13

In times of emergency for a quicker process

Question 14

Example of enabling act for orders in council?

Answer 14

Emergency Powers Act 1920

Question 15

Example of delegated legislation made under orders in council?

Answer 15

Misuse of Drugs Act 1971

Question 16

Who makes statutory instruments?

Answer 16

Government departments

Question 17

Why are statutory instruments made?

Answer 17

To fulfil requirements of an existing Act of Parliament

Question 18

Example of an enabling act for statutory instruments?

Answer 18

Work and pensions - e.g. health and safety at work
Transport - e.g. road traffic

Question 19

Example of DL made under statutory instruments?

Answer 19

Dangerous dogs act 1991

Question 20

Who makes bylaws?

Answer 20

Local councils and other public bodies

Question 21

Why are bylaws made?

Answer 21

To introduce more minimal laws

Question 22

Example of enabling act for bylaws?

Answer 22

Local government act 1972

Question 23

Example of DL under bylaws?

Answer 23

TfGM bylaws - fines for non payment fares

Question 24

What are the two controls on DL?

Answer 24

By Parliament
By the courts (judicial controls)

Question 25

Why is it important to impose controls on DL?

Answer 25

So power isn’t abused

Question 26

What are three main ways Parliament can control DL?

Answer 26

Enabling act Procedures Scrutiny

Question 27

Parliamentary controls: enabling act?

Answer 27

Consultation - before laws made Publication - making sure EA is worded properly Revocation - can repeal powers in EA

Question 28

Parliamentary controls: procedures?

Answer 28

Affirmative resolution procedure - Parliament vote before DL is passed Negatuve resolution procedure - becomes law unless rejected within 40 days

Question 29

Parliamentary controls: scrutiny?

Answer 29

Joint committee on statutory instruments - review of statutory instruments and Houses of Parliament point further consideration where necessary

Question 30

What are the three main judicial controls?

Answer 30

Substantive Ultra Vires Procedural Ultra Vires Unreasonable Ultra Vires

Question 31

Judicial controls: substantive ultra vires? Case?

Answer 31

DL declared void if it’s gone beyond power given by enabling act (Ann Summers Ltd V Jobcentre Plus)

Question 32

Judicial controls: procedural ultra vires? Case?

Answer 32

A challenge can be made in courts if certain procedures not followed (Aylesbury Mushrooms Ltd)

Question 33

Judicial controls: unreasonable ultra vires? Case?

Answer 33

DL declared void when law is made ‘unreasonable’ (Associated Picture House V Wednesbury Corporation)

Question 34

5 advantages of DL

Answer 34

Saves Parliament time Access to technical expertise Allows quick law making Easy to amend Allows consultation

Question 35

5 disadvantages of DL

Answer 35

Undemocratic Sub-delegation Flaws with controls Difficult wording Lack of public knowledge