Delegated Legislation

Question 1

What are the reasons for delegated legislation?

Answer 1

It saves tim, quick to amend, can be dealt with by people who are aware of local issues, allows legislation to be updated to reflect changing standards

Question 2

Who are statutory instruments made by?

Answer 2

Government ministers and their departments

Question 3

Who does statutory instruments have an effect on?

Answer 3

They have national effect

Question 4

How can statutory instruments be introduced?

Answer 4

Through negative, affirmative or super affirmative resolutions; made by ministers acting under powers in the legislative and regulatory reform act 2006.

Question 5

What are legislative reform orders? (SI)

Answer 5

Instruments which remove any burden directly or indirectly resulting from legislation. Example of LRO is legislative reform order 2011.

Question 6

Who are bylaws made by?

Answer 6

Either local authorities or public cooperations

Question 7

Who do bylaws effect?

Answer 7

The effect locals are are restricted to the provision of a pub live corporation service

Question 8

What are the characteristics of bylaws?

Answer 8

Local bylaws effect matters concerning locals (parking, alcohol consumption outside, dogs fouling footpaths)
Public cooperation matters may cover smoking on trains
Bylaws have to be approved by relevant government departments

Question 9

What is an example of a bylaw?

Answer 9

The local government act 1972 gives local authorities wide powers to make bylaws (south west trains ltd railway bylaws)

Question 10

Who are orders in council made by?

Answer 10

They are made by the queen and privy council.

Question 11

Who does orders in council have effect on?

Answer 11

National or local effect or specific to the activity aimed at

Question 12

What are the characteristics of orders in council?

Answer 12

Usually drafter by government ministers then approved by queen and 3 privy councillors.
Can still be used for emergencies,emergency powers act 1920 and civil contingencies act 2004

Question 13

What are the advantages of delegated legislation?

Answer 13

• saves time- quicker to pass and amend
• policy not detail- DL takes care of detailed law making
• fast-allows quick response in emergency
• expertise- specific local knowledge
• controls- to avoid abuse of power
• to deal with legislation when parliament is not sitting

Question 14

What are the disadvantages of DL?

Answer 14

• parliament lacks time to properly scrutinise DL, opportunity for public objection is lost
• DL can be left to junior ministers, civil servants, people who are not accountable to parliament
• 3000(approx) passed each year, hard to keep up with
• DL not publicised as widely as primary legislation
• sub-delegation means some DL is not democratic as is not made by elected bodies

Question 15

What is the law commission?

Answer 15

The main law reform body set up in 1965 by law commissions act.

Question 16

Who is the law commission made up of?

Answer 16

The full time body consists of a chairman, who is a high court judge; and four other law commissioners.

Question 17

Who assists in drafting a new bill?

Answer 17

They get assistance from support staff and four parliamentary draftsmen. They consider areas of law they believe to be in need of reform to keep the law under constant review.

Question 18

What is a statutes law repeal bill?

Answer 18

Where law commission consider proposals for repeal. Some of these statutes may be considered irrelevant because they are outdated.
Law repeals act 1995 repealed 223 whole acts/orders

Question 19

A main role of the law commission is to consolidate the law. What is the aim of consolidation?

Answer 19

It draws together specific areas of law where there may be more than one statute. For example the criminal justice contains large amounts on sentencing. Designed to make law more accessible.

Question 20

Another role of the law commission was section 3 of the law commissions act. What was this and why did it fail?

Answer 20

S3 of the law commission act was codifications, designed to bring together all law on one topic i.e. criminal law, family law. Failed as it needed to be interpreted so would be just as uncertain as existing common law. Now focus on codifying small areas

Question 21

What is the success of the law commission?

Answer 21

During its first 10 years 85% of proposals were enacted
Next 10 years 50% were successful- lack of parliamentary time
Recently improved
Still reports awaiting from 1991
Recent reform fraud act 2006

Question 22

What is the affirmation resolution procedure?

Answer 22

Requires some statutory instruments to be voted on by parliament.
Essentially this procedure requires the SI to have approval from both Houses of Parliament

Question 23

What is the negative resolution procedure?

Answer 23

Most statutory instruments become law, unless a debate is requested by a member of parliament. Parliamentary members have 40 days to object to the SI and request a debate.

Question 24

What is a super affirmation resolution?

Answer 24

It is used to regulate legislation reform orders made under LRRA 2006- following the affirmation resolution procedure the minister must consider any recommendations.

Question 25

How can parliament control DL?

Answer 25

•parliament can repeal or amend DL at any time

1) the parent act is a form of control as it gives requirements and limitations
2) they can also control over resolution procedures which are applicable to statutory instruments only
3) the joint select scrutiny committee

Question 26

What is the purpose of the joint select scrutiny committee?

Answer 26

They bring to the attention of parliament any points that need to be considered i.e. If a minister has gone beyond there power

Question 27

What is ultra vires?

Answer 27

This means the delegated body has gone ‘beyond the power’ handed down by the enabling act

Question 28

What does it mean is DL is declared ultra vires?

Answer 28

The DL is then void or ineffective

Question 29

How can a person bring a case for judicial review?

Answer 29

They must how locus standi; that they are directly effected by the legislation

Question 30

How can DL be void?

Answer 30

• Procedural ultra vires
• substantive ultra vires
• wedesbury unreasonableness
• because it’s inconsistent with HRA