Delegated Legislation

Question 1

What is Delegated Legislation?

Answer 1

When Parliament hands out powers to other bodies such as ministers or private corporations to legislate on their behalf.

Question 2

How does Parliament usually prescribe the power?

Answer 2

In an ‘enabling act’ or a ‘parent act’

Question 3

Give an example of an enabling act

Answer 3

Access to Justice Act 1999 gave the Lord Chancellor wide powers to alter legal funding

Question 4

What are Henry VIII clauses?

Answer 4

A provision which is sometimes added to a Bill to allow the government to repeal or amend the legislation after it has become an act.

Question 5

What do Henry VIII clauses allow?

Answer 5

The amendment of primary legislation using delegated legislation.

Question 6

What is primary legislation?

Answer 6

Legislation that comes directly from parliament.

Question 7

What are the three types of delegated legislation?

Answer 7

Orders in Council, Statutory instruments, Bylaws.

Question 8

What is an Order in Council?

Answer 8

Made by the Queen and Privy Council. Enabled by the Emergency Powers Act 1920 and Civil Contingencies Act 2004 to pass legislation in times of war.

Question 9

Give an example of when an order in council has been used out of war time.

Answer 9

It was used to alter the Misuse of Drugs Act 1971 in 2004 to make Cannabis a class B drug.

Question 10

What are statutory instruments?

Answer 10

Under the Statutory Instruments Act 1946 ministers and government departments are given authority to make legislation for areas they are responsible for.

Question 11

Give an example of a statutory instrument.

Answer 11

The Minister of Transport altering transport regulations.

Question 12

What are bylaws?

Answer 12

Powers handed out to local authorities to make laws relating to the area under they are responsible for. Bylaws can also be made by private corporations

Question 13

Give an example of a bylaw made by a local authority

Answer 13

Colchester borough council creating traffic regulations for the Colchester area.

Question 14

Give an example of a bylaw made by a private corporation.

Answer 14

British Airports Authority can release bylaws regulating behaviour on their premises.

Question 15

State the 4 ways parliament controls delegates legislation.

Answer 15

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

Question 16

What is affirmative resolution?

Answer 16

A statutory instrument must be approved by Parliament before becoming law. The need for affirmative resolution will be stated in the enabling act.

Question 17

When is affirmative resolution normally used?

Answer 17

When legislation is particularly contentious such as the Police and Criminal Evidence Act 1984.

Question 18

What is negative resolution?

Answer 18

Negative resolution is the way most statutory instruments become law. They will be become law unless they are rejected by parliament within 40 days.

Question 19

What is a disadvantage of negative resolution?

Answer 19

It is difficult for MPs to gather and have a vote on negative resolution as they often lack the time meaning that the policies proposed in delegated legislation often go unscrutinised by parliament.

Question 20

What is the Scrutiny committee?

Answer 20

The scrutiny committee reviews all statutory instruments and then draws parliaments attention to matters of concern. The review only looks at the legislation on a technical basis and does not question policy.

Question 21

What did the Hansard Committee 1992 find?

Answer 21

Some of the critical findings by the scrutiny committee were ignored by ministers.

Question 22

What is super affirmative resolution?

Answer 22

Under the Legislative and Regulatory Reform Act 2006 ministers are required to have regard to any representations by a committee of either House such as the scrutiny committee.

Question 23

What are the three ways courts control delegates legislation?

Answer 23

Procedural Ultra Vires, substantive Ultra Vires, unreasonableness.

Question 24

What is procedural ultra vires?

Answer 24

When procedure to pass delegated legislation has not been followed. For example before delegated legislation can be passed, interested parties must be consulted. Failure to do so will result in a declaration of ultra vires.

Question 25

Give an example of procedural ultra vires.

Answer 25

Agricultural Horticultural and Forestry Training Board v Aylesbury Mushrooms. The training board didn’t consult Aylesbury Mushrooms about changes to regulation and as a result the regulations were declared ultra vires and did not apply.

Question 26

What is ultra vires?

Answer 26

Ultra vires is when