Delegated Legislation Flashcards
What is Delegated Legislation?
It is law made by a person or body other than Parliament, with the authority of Parliament.
Why is Delegated Legislation necessary?
It helps save Parliamentary time and allows detailed laws to be made by experts.
What is another name for an Enabling Act?
Parent Act.
Can you give an example of an Enabling Act?
Civil Contingencies Act 2004.
Name one type of Delegated Legislation.
Statutory Instrument.
In what two situations are Orders in Council made?
- In emergencies. 2. For legislation granted under EU process.
What is a Statutory Instrument?
Rules and regulations made by Government Ministers given authority to do so.
How many statutory instruments are brought into force each year?
About 3,000.
What is the role of local authorities concerning By-Laws?
They make laws about public behavior in their local areas.
What region does Devolution apply to?
Wales, Scotland, and Northern Ireland.
Under which act does the Welsh government gain full law-making power?
The Government of Wales Act 1998.
What is the role of the Delegated Powers Scrutiny Committee?
To consider whether any Enabling Act gives away too much power.
What is the Affirmative Resolution process?
A statutory instrument will not become law unless specifically approved by Parliament.
Define the Negative Resolution process.
A statutory instrument will become law unless rejected by Parliament within 40 days.
What is the procedure of challenging delegated law called?
Judicial review.
What does ‘Locus Standi’ mean?
The right to bring an action or appear in court.
What does ultra vires mean?
Beyond the powers granted by Parliament.
What is substantially ultra vires?
Where delegated legislation goes beyond what Parliament intended.
What is procedurally ultra vires?
Where the procedural rules set by the enabling Act are not followed.
Give a case example of substantially ultra vires.
Strictland v Hayes Borough Council (1896).
Give a case example of procedurally ultra vires.
Aylesbury Mushroom Case (1972).
What are three main controls of Delegated Legislation?
Parliament, Committees, and Courts.
What does the Joint Select Committee on Statutory Instruments do?
They draw attention to important points in statutory instruments for both houses.
Name two grounds for the Joint Select Committee to refer a statutory instrument back to Parliament.
- It imposes a tax or charge. 2. It is unclear or defective.
