Delegated Legislation P3

Question 1

What is delegated legislation

Answer 1

Law made by some person or body other than Parliament but wuth the authorisation of Parliament

Question 2

What is the name of primary legislation that gives authority for the delegated legislation to be made

Answer 2

The Parent Act (Enabling)

Question 3

What is one example of a Parent Act

Answer 3

Road Traffic Act 1988

Question 4

How many types of delegated legislation are there

Answer 4

4

Question 5

What are the 4 types of delegated legislation

Answer 5

Statutory instruments
By-laws
Commencement orders
Orders in council

Question 6

What are Statutory instruments

Answer 6

Laws made by government ministers
Minitrial regulations - relevant government ministers will use power of The Parent Act to create a law
Aproximately 3000 brought in each year
Used to update laws e.g National minimum wage Act 1998

Question 7

What are Commencement orders

Answer 7

A form of Statutory instrument
Bring into force part or all of an Act of Parliament
Access to Justice Act 1999 - subjected to 10 of these orderes before whole act came into force

Question 8

What are By-laws

Answer 8

Made by local authorities or public corporations affecting their local area E.g Local Government Act 1972
Laws that affect whole county
City- town- or district-council can pass laws affecting that city, town or district

Question 9

What are 2 positives about By-laws

Answer 9

Saves time - approved by relevant minister rather than going through Parliament
Can deal with local issue

Question 10

Can public bodies/ companies make by-laws

Answer 10

Yes
They can make laws regulating behaviour
E.g Railways Act 1993 - issue by-laws concerning the behaviour of the public on there stations and trains

Question 11

Who deals with breachs of By-laws

Answer 11

Magistrates

Question 12

What happened in the case of Boddington V British Transport Police 1988

Answer 12

D smoking on a train where it was banned by delegated legislation (by-laws). D tried to argue it was unlawful
Held: ban was lawful

Question 13

What are the Orders in council

Answer 13

The Privy council comprised of 420 memebers - 3 or 4 privy councillors meet with monarch to give formal approval to orders drafted by government

Question 14

What powers do the Orders in council have

Answer 14

Emergency Powers Act 1920 and Civil Contingencies Act 2004
Make laws in times of emergency or when parliament is not sitting - summer recess
Can be used to transfer responsibility between governments

Question 15

What is an example of an Order in council which went through

Answer 15

Burial Act 1853 - provide for the closure of churchyards which no longer have room for burials

Question 16

What are the two ways to control Delegated legislation

Answer 16

Judicial control
Parliamentary control

Question 17

What are the three Judicial controls for Delegated legislation

Answer 17

Substantive Ultra Vires (Judicial Review)
Procedural Ultra Vires (Judicial Review)
Reasonableness

Question 18

What is Judicial Review

Answer 18

Process which decision made by government minister or local councils can be assessed by the courts to see if the correct procedure has not been followed

Question 19

What are Ultra vires

Answer 19

‘Go beyond the powers’ - either be substantive or procedural

Question 20

What is Substantive Ultra vires for Judicial controls of DL

Answer 20

When a piece of DL has gone beyong the power given by parliament - declared void

Question 21

What did the case of Attorney - General V Fulham Corporations (1921) involve

Answer 21

Corporation given power to provide washhouse facilities only and instead built a laundrey where it employed people to do the work - help to be Substantive Ultra vires

Question 22

Which case stated: Even if powers of delegated legislation are granted to a government department in subjective term, the courts may nonethless determine the limit of those powers

Answer 22

Customer & Excise Commissioners V Cure & Delley Ltd (1962)

Question 23

What are Procedural Ultra vires for Judicial controls of DL

Answer 23

A piece of DL has been passed without following the procedure set out by the parent act

Question 24

Which case is used for Procedural Ultra vires for not consulting ‘any organisation… appears to him to be representative of substantial numbers of employers enaging in the activity concerned’ and they didnt

Answer 24

Aylesbury Mushroom (1972)

Question 25

What is Unreasonableness for Judicial controls of DL

Answer 25

There is no power to make unreasonable regulations, to allow sub-delegation or to interfere with the basic rights if citizens e.g freedom of speech

Question 26

Which case established ‘Wednesbury unreasonableness’

Answer 26

Associated Provincial Picture Housees V Wednesbury Corporation (1948)

Question 27

What is the main case example of Unreasonableness

Answer 27

Strickland V Hayes Borough Council (1986)

Question 28

What are the limits to Judicial control of DL

Answer 28

Needs someone to be willing to pursue the matter to the Bench division of the High court
Expensive
Rare courts will conclude a piece of DL is invalid for being vague or so irrational

Question 29

What are all the parliamentary controls for DL

Answer 29

Parent Act
Affirmative resolution
Negative resolution
Scrutiny Committee
Question time

Question 30

What is the Parent Act as a parliamentory control for DL

Answer 30

Parliament can repeal or amend DL and also remove power from bodies via the Parent Act

Question 31

What is the Affirmative resolution as a parliamentory control for DL

Answer 31

Parliament must specifically approve statutory instruments with 20-40 days to do so

Question 32

What is the Negative resolution procedure as a parliamentory control for DL

Answer 32

Parliament do not have to specifically approve them
law remains in force unless rejected by parliament
40 day rule to do so

Question 33

What is the Scrutiny committee as a parliamentory control for DL

Answer 33

Look at all statutory instruments and decide if any of them should be brought to the attention of both houses

Question 34

What is Question time as a parliamentory control for DL

Answer 34

Responsible ministers can be questioned by parliament
Gives publicity to DL due to presence of media and makes the justify proposals

Question 35

What are the limits to Parliamentory control of DL

Answer 35

Not possible for scrutiny committee to review all statutory instruments
Scrutiny committee has no power to change statutory instruments and issues raised can be ignored by ministers - Hansard Society
Negative resolution procedure - not brought attention to wide number of MPs
Affirmitive resolution - time consuming and parliament cannot amend statutory instruments, only withdraw, approve or annulted and long winded
Experienced MPs are used to dodging questions during question time