Delegated Legislation Flashcards
1
Q
What is the parent act also known as?
A
- The enabling act.
2
Q
What are the three types of delegated legislation?
A
- Orders in council.
- Statutory instruments.
- Bylaws.
3
Q
What are orders in council?
A
- Queen and the Privy council make orders.
- Allows making of legislation without going through the parliament.
- They can amend or update existing laws.
4
Q
What is a statutory instrument?
A
- Rules and regulations made by government ministers.
- 3000 brought into force each year.
5
Q
What are bylaws?
A
- Made by local authorities within the area.
- Can be made by certain companies for matters within jurisdiction.
6
Q
What are the controls by parliament?
A
- The enabling act.
- Scrutiny committee.
- Laying before parliament (resolutions).
- Questions by members of the parliament.
7
Q
What is the enabling act?
A
- Gives parliament initial control over delegated powers.
- Sets out limits to these powers.
- Can be repealed by government therefore allows to retain control.
8
Q
What is the scrutiny committee?
A
- Reviews all statutory instruments.
- Reports any issues.
- Has no power to alter or stop statutory instrument from becoming a law but, can draw attention from the parliament to the issues.
9
Q
What is laying before the parliament - resolutions?
A
- Affirmative resolutions means statutory instrument will not become a law unless agreed to by the parliament.
- Negative resolution means statutory instrument will become a law unless rejected by parliament within 40 days.
10
Q
What are questions by members of the parliament?
A
- Individual ministers can be questioned on the work in their departments and proposed or current delegated legislation.
11
Q
What is an issue with affirmative and negative resolutions?
A
- Parliament can’t amend the statutory instrument in affirmative resolutions therefore it can only be approved, annulled or withdrawn.
- Few statutory instruments are checked in the negative resolution as there are too many for them all to be checked.
12
Q
Effectiveness of parliamentary controls?
A
- A lot of delegated legislation so not all of it can be given proper scrutiny.
- Difficult to remove once it has come into force.
- Can be complex and difficult to understand for those scrutinizing it.
- Scrutiny committee can only make recommendations as they have no power themselves.
13
Q
What are the court controls?
A
- Person who is standing.
- Challenged on grounds of judicial review if it is ruled ultra virus.
14
Q
What does it mean when the person is standing?
A
- Delegated legislation can be challenged by a person who has sufficient interest or standing in the case.
15
Q
What are the controls of ultra virus?
A
- Goes beyond the powers which the parliament set out in the enabling act.
- Ruled ultra virus and therefore it is void.
- Ruled ultra virus because correct procedure has not been followed.
- Ruled ultra virus because it is unreasonable.
