Delegated legislation

Question 1

What is the definition of delegated legislation?

Answer 1

Law made by a body other than parliament but with their permission.

Question 2

Why do we need delegated legislation?

Answer 2

1. Detailed law
2. Expert knowledge
3. Local knowledge
4. Consultation

Question 3

How does parliament delegate power?

Answer 3

Through the enabling act, which gives the right to create one of the types of delegated legislation.
This act lays down the powers of the body who the authority is delegated to.

Question 4

What are the types of delegated legislation?

Answer 4

1. Orders in council
2. Statutory Instruments
3. Byelaw

Question 5

What are orders in council?

Answer 5

Made by the privy council and the queen. The privy council is made up of senior politicians. Can make law without the need for the legislative process.

Question 6

What do orders in council do?

Answer 6

1. Transfer responsibility between departments.
2. Compliance with EU directives.
3. Deal with foreign affairs.
4. Make law in times of national emergency.
5. Amend other laws.

Question 7

What are statutory instruments?

Answer 7

Refer to rules and regulations made by government ministers/departments. They are able to make laws in their area of responsibility.

Question 8

What are byelaws?

Answer 8

Can be made by local authorities and other public corporations/companies. Have to be confirmed by government minister.

Question 9

Examples of bylaws?

Answer 9

Traffic management, alcohol free zones, parking.

Question 10

How can parliament control delegated legislation?

Answer 10

1. Enabling act- decide who gets power and can take it away at any time.
2. Affirmative resolutions- small number will not become law unless approved by parliament.
3. Negative resolutions- become law unless rejected within 40 days.
4. Scrutiny committee- review all statutory instruments.
5. Questioning ministers- question about proposed/ current delegation.

Question 11

How can judges control delegated legislation?

Answer 11

1. Procedural ultra vires- procedures must be followed before the legislation can be passed.
2. Substantial ultra vires- may be declared void if allows something the enabling act did not intend.
3. Unreasonableness- To be void when the law is unreasonableness (Wednesbury unreasonableness)

Question 12

What does ‘ultra vires’ stand for?

Answer 12

Means beyond the powers.

Question 13

Advantages of delegated legislation?

Answer 13

1. Time-saving- Saves parliaments time as they do not have enough time to pass all the acts needed in detail, especially ones that require local knowledge.
2. Cost saving- Legislation can be passed quickly to deal with situations when they arise and in times of emergency. If it went through the whole legislative process it would take too long and cost too much this would be ineffective.
3. Produced with specialist knowledge- Parliament does not necessarily have all the relevant knowledge needed to pass acts. Local councils have knowledge of the local area and know what needs to be changed.

Question 14

Disadvantages of delegated legislation?

Answer 14

1. Undemocratic- Legislation is not debated upon in parliament by the elected officials, only statutory instruments which are subject to affirmative resolutions.
2. Lack of publicity- Legislation is insufficiently published as press cannot raise the same awareness on it as they could if it were debated on in the courts. This means ost is passed without public knowledge.
3. No effective control- There is lack of proper control and many of the parliamentary and judicial controls are limited. Judicial controls can only be applied when someone challenges the validity of the law, which rarely occurs. Consequently some law which is ultra vires is never challlanged and remains as law.