Delegated Legislation Flashcards
What is delegated legislation?
Law made by other bodies other than parliament
What act allows parliament to pass on this power?
The Enabling Act
What does the enabling act create?
The framework of the law
What is an example of the enabling act?
Access to Justice Act 1999
What are the 3 types of delegated lesislation?
Orders in council, statutory instruments, bylaws
What are order in councils?
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
What are statutory instruments?
MInisters and government departments are given authority to make legslation under their area of responsibility
What act allows ministers to create legislation in statutory instruments?
The Legislative Regulatory Reform Act 2006`
What are bylaws?
Released by local authorities and relate to issues in that area - The Water Authority imposing a hose pipe ban
What are the 5 areas of why we need delegated legislation?
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)
What are the 4 controls on delegated legislation?
Affirmative resolution, negative resolutions, scrutiny committee, super affirmative resolution
What is affirmative resolution?
A statutory instrument will not become law unless approved by parliament. It is mentioned in the Enabling Act
What is negative resolutions?
The relevant piece of legislation will become law unless rejected by parliament within 40 days
What is the scrutiny committee?
Committee reviews all statutory instruments and draws parliaments attention to matters of concern
What committee found out that ministers were ignoring some critical findings of the scrutiny committee?
The Hansard Committee 1992
What is the super affirmative resolution?
New procedure under the LEGISLATIVE AND REGULATORY REFORM ACT 2006 that says ministers have to regard any concerns by any committee
What can challenge delegated legislation?
Ultra vires
What are the 3 types of ultra vires?
Procedural, substantive, unreasonables
What is procedural ultra vires?
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).
What are substantive ultra vires?
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)
What are unreasonables?
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)
What are the 6 criticisms of delegated legislation?
Non-elected people make law Inadequate control Danger of sub-delegation Volume Lack of awareness Technicality
