Delegated Legislation

Question 0

What are orders in council ?

Answer 0

Laws made by the queen and the privy council which are enforceable in courts .

Question 1

What are the three types of delegated legislation ?

Answer 1

• statutory instruments
• by laws
• orders in council

Question 2

What are statutory instruments?

Answer 2

Laws made by government ministers within their area if responsibility . They are enforceable in courts .

Question 3

What are By-laws ?

Answer 3

Laws made by the local authorities ad public bodies .

Question 4

What is delegated legislation ?

Answer 4

Legislation made by someone other than parliament but with their authority given under the parent act .

Question 5

What are 4 examples of when orders in council can be used ?

Answer 5

• dissolving parliament before an election
• bringing an act of parliament into force
• dealing with foreign affairs
• transferring responsibilities between gov. Departments

Question 6

Who are orders in council made by ?

Answer 6

The queen and the privy council

Question 7

What is an advantage of orders in council and why?

Answer 7

SPEED!

As soon as an OIC is made , then it is a law as if it were a new act of parliament

Question 8

What is a act where orders in council is used?

Answer 8

Emergency powers act 1920

Question 9

How important are by laws compared two the other two types if DL?

Answer 9

Second in importance to statutory instruments

Question 10

Who are by laws made by ?

Answer 10

Local authorities

Question 11

Who just by laws be confirmed by ?

Answer 11

Relevant gov. Minister

Question 12

What act are most by laws made under?

Answer 12

Local gov. Act 1972

Question 13

What is an example of a by law in an act?

Answer 13

National trust act 1971

Question 14

What are the 3 types of statutory instruments?

Answer 14

Orders
Rules
Regulations

Question 15

What do commencement orders do?

Answer 15

They bring into effect one or more sections of an act of parliament

Question 16

What is an example of an order ?

Answer 16

Smoking regulations 2007 under the health act 2006

Question 17

What are rules used to make ?

Answer 17

Procedural laws

Question 18

What do rules set out to do ?

Answer 18

HOW they should be made

Question 19

What is an example of a rule ?

Answer 19

Civil procedure act 1997

Question 20

What are regulations used to make ?

Answer 20

Substantive law

Question 21

What do they enable law to do ?

Answer 21

To be maintained and kept up to date

Question 22

What is an example of a regulation?

Answer 22

The minimum wage act 1998

Question 23

How many statutory instruments were there in 2013 ?

Answer 23

3292

Question 24

What is one advantage and disadvantage of DL?

Answer 24

Advantage Time saving Disadvantage Often Made by unelected bodies and there is little parliamentary control.

Question 25

What is judicial review ?

Answer 25

The procedure were the high court may review a decision of a body to ensure that the act is lawful .

Question 26

WHat are the three types of judicial control ?

Answer 26

Procedural ultra vires Substantive ultra vires Wednesbury unreasonableness

Question 27

What are procedural ultra vires?

Answer 27

They are concerned with HOW the DL is made . If they don't follow the procedures set out in the parent act .

Question 28

What are substantive ultra vires?

Answer 28

Concerned in weather the content if the DL is within the limits set out by the parent act.

Question 29

What is Wednesbury unreasonableness ?

Answer 29

Legislation is so unreasonable that no reasonable person acting reasonably could have made it .

Question 30

What is an example of procedural ultra vires ?

Answer 30

Aylesbury mushroom case

Question 31

What is an example of substantive ultra vires ?

Answer 31

A-G Fulham corporation

Question 32

What is 2 examples of Wednesbury unreasonableness ?

Answer 32

Wednesbury case | R(Rodgers) v Swindon NHS trust

Question 33

Describe what happened in the Ayelsbury mushroom case ...

Answer 33

The procedure allowed for consultations with appropriate organisations but this procedure was not followed , in particular the minister did not consult the mushroom growers .