Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Law made by other bodies other than parliament

Question 2

What act allows parliament to pass on this power?

Answer 2

The Enabling Act

Question 3

What does the enabling act create?

Answer 3

The framework of the law

Question 4

What is an example of the enabling act?

Answer 4

Access to Justice Act 1999

Question 5

What are the 3 types of delegated lesislation?

Answer 5

Orders in council, statutory instruments, bylaws

Question 6

What are order in councils?

Answer 6

The Emergency Powers Act 1920 allows the government to pass legislation in times of war, no need for the legislation to pass through parliament quickly

Question 7

What are statutory instruments?

Answer 7

MInisters and government departments are given authority to make legslation under their area of responsibility

Question 8

What act allows ministers to create legislation in statutory instruments?

Answer 8

The Legislative Regulatory Reform Act 2006`

Question 9

What are bylaws?

Answer 9

Released by local authorities and relate to issues in that area - The Water Authority imposing a hose pipe ban

Question 10

What are the 5 areas of why we need delegated legislation?

Answer 10

Time (parliament do not have the time to debate every small issue)
Knowledge (parliament does not have local knowledge)
Flexibility (altered easily)
Emergency (useful in times of emergency)
Future needs (can cater to future needs of a changing society)

Question 11

What are the 4 controls on delegated legislation?

Answer 11

Affirmative resolution, negative resolutions, scrutiny committee, super affirmative resolution

Question 12

What is affirmative resolution?

Answer 12

A statutory instrument will not become law unless approved by parliament. It is mentioned in the Enabling Act

Question 13

What is negative resolutions?

Answer 13

The relevant piece of legislation will become law unless rejected by parliament within 40 days

Question 14

What is the scrutiny committee?

Answer 14

Committee reviews all statutory instruments and draws parliaments attention to matters of concern

Question 15

What committee found out that ministers were ignoring some critical findings of the scrutiny committee?

Answer 15

The Hansard Committee 1992

Question 16

What is the super affirmative resolution?

Answer 16

New procedure under the LEGISLATIVE AND REGULATORY REFORM ACT 2006 that says ministers have to regard any concerns by any committee

Question 17

What can challenge delegated legislation?

Answer 17

Ultra vires

Question 18

What are the 3 types of ultra vires?

Answer 18

Procedural, substantive, unreasonables

Question 19

What is procedural ultra vires?

Answer 19

When a piece of enacted legislation has not been followed, interested parties must be consulted before it can be passes (Agricultural Horticultrual and Foresty Training Board v Aylesbury Mushrooms).

Question 20

What are substantive ultra vires?

Answer 20

Where delegated legislation goes beyond the powers of the enabling act (Commissioners of Customs and Excise v Cure and Deeley Ltd - the commission stated they had the power to determine how much tax was due if paid late, high court said they do not have the power to do so)

Question 21

What are unreasonables?

Answer 21

If a piece of legislation is unreasonable it may be overturned by the court. (Strictland v Hayes Borough Council said singing an obscene song or using bad language in public was against the law, this was unreasonable)

Question 22

What are the 6 criticisms of delegated legislation?

Answer 22

Non-elected people make law
Inadequate control
Danger of sub-delegation
Volume
Lack of awareness
Technicality