Delegated Legislation

Question 1

Delegated legislation

Answer 1

Law made by some person or body other than parliament but with the authority of an act of Parliament

Question 2

Statutory instruments

Answer 2

Rules and regulations made by government ministers under the authority of an enabling act

Question 3

Orders in council

Answer 3

By queen and privy council

• moving responsibility between government departments
• bringing acts to Parliament
• making laws in time of national emergency

Examples
•terrorism act 2001
•fuel crisis of 2000

Question 4

Statutory instruments (full)

Answer 4

By government ministers

Each minister makes regulations such as work and pensions minister does work related matters such as health and safety

Examples
Smoking in public places- department of health

Question 5

By laws

Answer 5

By local authority

• parking restrictions
• drinking alcohol in public places
• riding a bike in a park

Examples
Mayor of London- congestion charge
London Underground- alcohol on tube

Question 6

Ultra vires

Answer 6

Goes beyond the powers given by Parliament in the enabling act

Question 7

Scrutiny committee

Answer 7

Review all statutory instruments but it’s can only report not alter the statutory instruments

Question 8

Reasons for delegates legislation

Answer 8

• provides detailed and technical rules- but Parliament still has control
• expert knowledge used
• local knowledge for by laws
• consultation- checking with those involved

Question 9

Positive resolution procedure

Answer 9

Statutory instruments must be approved by 1 of both Houses of Parliament within a specified time

Question 10

Advantages of delegated legislation

Answer 10

• saves parliamentary time
• allows expert/local knowledge
• allows consultation
• quick to make
• easy to amend

Question 11

Disadvantages of delegated legislation

Answer 11

• undemocratic
• large volume and lack publicity
• complexed wording
• risk of sub democratic- handed down to another level within the civil service

Question 12

Effectiveness of judicial control

Answer 12

• only can be challenged by a person who has ‘standing’

* statutory instrument can also be declared void if they conflict with EU legislation

Question 13

Delegated powers scrutiny committee

Answer 13

Can only report to Parliament not amend

Question 14

Alternative resolutions

Answer 14

Must be approved by both houses before coming into force

Question 15

Negative resolutions

Answer 15

Becomes law in 40 days unless objection

Question 16

Questioning of ministers

Answer 16

MPs can question ministers

Question 17

Joint select committee of statutory instruments

Answer 17

Can fully review but only report to Parliament

Question 18

Super-affirmative resolutions

Answer 18

Only used for delegated legislation under legislative and regulatory reform act of 2006