Delegated Legsilation Flashcards
What is delegated legislation?
Delegated legislation refers to laws made by an individual or body other than Parliament, but with the authority of Parliament.
What are the three main types of delegated legislation?
Statutory Instruments, By-laws, and Orders in Council.
What are Statutory Instruments?
These are rules, regulations, and orders made by government ministers under powers given by an Act of Parliament.
Give an example of a Statutory Instrument.
Local Authorities - ‘no ball games in this area’
Public Corporations - “no feet on seats’
Government Departments - ‘Department of Education’
What are By-laws?
By-laws are laws made by local authorities or public bodies, such as Transport for London, under powers granted by Parliament.
Give an example of a By-law.
Local authorities may pass by-laws regulating the use of public parks or banning activities like drinking alcohol in public spaces.
What are Orders in Council?
These are laws made by the king and Privy Council, usually in times of emergency, under powers given by Parliament.
When might an Order in Council be used?
In emergencies like the foot-and-mouth outbreak or in response to terrorist threats under the Emergency Powers Act 1920.
Why is delegated legislation necessary?
It allows for more detailed and flexible law-making, enabling experts to handle specific areas, and it is quicker than passing an Act of Parliament.
What are the controls on delegated legislation by Parliament?
Parliamentary controls include affirmative and negative resolution procedures, scrutiny committees, and the enabling Act specifying limits.
What are the controls on delegated legislation by the courts?
Judicial review can challenge delegated legislation on grounds such as ultra vires (beyond powers) and procedural impropriety.
What does “ultra vires” mean in relation to delegated legislation?
It means that the delegated legislation goes beyond the powers given by the enabling Act and can be declared void by the courts.
Give an example of a case where delegated legislation was declared ultra vires.
Aylesbury Mushrooms (1972): Minister’s regulation was declared ultra vires because it failed to consult a relevant body, as required by the enabling Act.
What is the significance of the Legislative and Regulatory Reform Act 2006?
It allows ministers to make statutory instruments to remove burdens or obstacles to business, subject to parliamentary oversight.
What is the role of the Joint Committee on Statutory Instruments?
It scrutinises statutory instruments to ensure they comply with the powers granted by the enabling Act and do not infringe rights.
