Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Means of rules made by members of the executive under powers delegated to them by Parliament. via an AoP conferring powers on Ministers.

Question 2

Who creates delegated legislation?

Answer 2

The executive.

Question 3

Examples of delegated legislation.

Answer 3

• statutory instrument
• orders in council
• local instruments
• orders, regulations, warrants, schemes

Question 4

What procedure gives effect to delegated legislation?

Answer 4

Generally, negative resolution procedure. Takes effect unless Parl disapproves within 40 day period.

Question 5

What are the Henry VIII powers?

Answer 5

Allows ministers to amend or repeal primary legislation through secondary legilsation.

Question 6

What case justified use of Henry VIII powers?

Answer 6

Martin v HM Advocate

• bring language of existing legislation into conformity with language of proposed legislation
• ensure legislation between departments is compatible

Question 7

What Committees exist in HoL to supervise delegated legislation?

Answer 7

• The Delegated Powers and Regulatory Reform Committee

- Secondary Legilsation Scrutiny Committee

Question 8

Examples of delegated legislation being judicially reviewed.

Answer 8

Hoffmann-La Roche (subject to JR even if approved by Parliament
R (UNISON) v Lord Chancellor (minister set fees to high after being conferred power)
DPP v Hutchison (if SI can apply without invalid one, it will continue to apply)

Question 9

How is delegated legislation supervised in Scotland?

Answer 9

Delegated Powers and Law Reform Committee
- offer technical review of delegated legislation

All Holyrood committees have a general function to consider merits of delegated legislation.