#Exam 2- Delegated Legislation Flashcards
What is delegated legislation
Law made by some person or body other than parliament but with authority of an act of parliament
What are the three types of delegates legislation
Orders in council
Statutory instruments
By-laws
What is a parent act
This act gives the right to create one of the three types of delegates legislation
Who has the authority to make orders in council
The queen and the privy council
Who is in the pricy council
PM sans leading members of the government
Orders in council are made on wide range of matters such as
Bringing acts of Parliament into force Transferring powers Giving legal effect to EU directives Dealing with foreign affairs Making law in times of national emergency
An example of an order in council is
The amendment to the misuse of drugs act ( 2008) when cannabis was reverted back to being a B class drug
What are statutory instruments
Rules and regulations made by government ministers under the authority of an enabling act.
An example of statutory instruments
Police and evidence act 1984- police codes of practice introduced regarding stop and search
What are by laws
Laws made by local authorities or public corporations
An example of a company by-law
£50 fine on the Tyne and Wear metro for smoking on the premises
what are the various controls parliament has over delegated legislation
enabling act delegated powers scrutiny committee affirmative resolutions negative resolutions questioning of ministers super affirmative resolutions joint- select committee on statutory instruments
how does the enabling act offer control over delegated legislation
sets limits of power to make delegated legislation e.g. what types of law can be changed and who to consult
how does the delegated powers scrutiny committee control over delegated legislation
reports findings on delegated legislation to parliament- can’t ammend
how does the affirmative resolutions offer control over delegated legislation
must be approved by both houses of parliament before coming into force
how does the negative resolutions offer control over delegated legislation
becomes law after 40 days unless there are objections
how does the questioning of ministers offer control over delegated legislation
MPs can criticise ministers in the house of commons on any delegated legislation
how does the super affirmative resolutions offer control over delegated legislation
only used for delegated legislation under the legislative and regulatory reform act 2006
how does the joint- select committee on statutory instruments control over delegated legislation
can throughly review delegated legislation but can only report back to parliament
when can a delegated legislation be brought under judicial review
it can be brought to court by someone interested in the case on the ground it is an ultra vires
what are the three ultra vires
1) gone beyond the power set out in the enabling act
2) an incorrect procedure has been used
3) unreasonable
which case is when a piece of delegated legislation had gone beyond its powers
R v Home Secretary
what happened in R v Home Secretary
when changes to the criminal justice compensation scheme had gone beyond those in CJA
what case showed the wrong procedure
aylesbury mushroom case
what happened in the Aylesbury mushroom case
the minister of labour did not consult the mushroom growers association before changing the law
what case shows a delegated legislation to be unreasonable
R v Swindon NHS trust
what happened in R V Swindon
NHS trust refused to prescribe breast cancer drug even though it had been used on other people- their decision was seen as unreasonable
are parliamentary controls effective
sheer amount means they rarely face scrutiny
difficult to remove legislation
hard to understand
scrutiny committees can only recommend to parliament
are judicial controls effective
can only be brought to court if it is someone affected by the decision
someone will typically challenge a public body or government which would have greater funding
what are the advantages of delegated legislation
saves parliamentary time allows the use of expert of local knowledge allows consultation quick to make easy to amend
what are the disadvantages of delegated legislation
undemocratic
risk of sub-delegation
large volume and lack of publicity
difficult wording
