Delegated legislation

Question 1

What are the 3 types of DL

Answer 1

Statutory Instruments
Bylaws
Orders In council

Question 2

What is a Statutory Instrument

Answer 2

• most commonly used form of DL 3000 passed each year
• used to amend existing legislation and save time
• Dangerous Dogs Act 1991
• Made by government ministers

Question 3

what is a bylaw

Answer 3

• Made by local authorities
• used to solve local issues or laws within specific companies, towns or on specific people.
• e.g dogs on beaches

Question 4

what is orders in council

Answer 4

Privy council creates legislation quickly in times of emergency or when all of Parliament isn’t sitting e.g Emergency Act 1920

Question 5

What are the Parliamentary control on DL

Answer 5

Affirmative resolution
Super affirmative resolution
Negative resolution
Consultation
Joint committee on Statutory instruments

Question 6

what are the judicial controls on DL

Answer 6

• procedural ultra vires
• substantive ultra vires
• unreasonableness

Question 7

what is procedural ultra vires

Answer 7

When the SI doesn’t follow the rules of the enabling act
Agricultural Horticultural and Forestry Training board v Aylesbury Mushrooms Ltd 1972