Delegated legislation Flashcards
1
Q
What is the parent act?
A
- When parliament gives authority for a body other than themselves to make laws (DELEGATED LEGISLATION)
- Also known as enabling act
2
Q
What are the 3 types of delegated legislation?
A
- Orders in council
- Statutory instruments
- Bylaws
3
Q
What are orders in council?
A
- A type of delegated legislation that effectively allows the government to make legislation without going through parliament
- Gives the Queen and Privy Council the authority to make “orders in council”
4
Q
What does the term statutory instruments refer to?
A
- Refers to the rules and regulations made by Government ministers
- Major method of law making- about 3000 brought into force each year
5
Q
What are by-laws?
A
- Local laws involving matters such as traffic control, parking restrictions etc
- Made by authorities to cover matters within their own area
- Can be made by certain companies
6
Q
Why is it important that there is control over delegated legislation?
A
- Important since in many instances it is made by non-elected bodies
- Control is exercised by parliament and courts
7
Q
What are the several ways parliament controls delegated legislation?
A
- the Enabling Act
- The Scrutiny Committee/Delegated Powers Scrutiny Committee
- Laying before parliament (resolutions)
- Questions by MPs
8
Q
What is the enabling act?
A
- Sets out the limits in regards to the power parliament has over delegated legislation
9
Q
What are affirmative resolutions?
A
- Means that the statutory instrument will not become law unless specifically approved by Parliament
10
Q
What are negative resolutions?
A
- Negative resolutions are when relevant statutory instruments will be law unless rejected by parliament within 40 days
11
Q
What is the super-affirmative resolution procedure?
A
- Gives Ministers wide powers to reform acts
- Available if the delegated legislation is made under the authority of the Legislative and Regulatory Reform Act 2006
12
Q
What are scrutiny committees?
A
- When a more effective check is made by a Joint Committee on statutory instruments
- They review all SI but they themselves have no power to alter or stop any SI becoming law, can only draw attention to matter
13
Q
What are the main reasons for referring SI back to parliament?
A
- Imposes tax or charge
- Appears to have retrospective effect
- Goes beyond powers given under enabling act
- Makes unexpected use of those powers
- Unclear or defective in some way
14
Q
Explain the effectiveness of parliamentary controls
A
- Sheer amount of delegated legislation means they cannot all be given proper scrutiny
- Once delegated legislation has come into force it is difficult to remove it
- DL often technical and complex, can be difficult for those scrutinising it to understand
- Scrutiny committees can only make recommendations to Parliament- have no power themselves
15
Q
Who can challenge delegated legislation in courts?
A
- By a person who has sufficient interest or standing in the case
- Can be challenged by judicial review on the grounds it is ultra vires (goes beyond powers)
