#Exam 2- Delegated Legislation

Question 1

What is delegated legislation

Answer 1

Law made by some person or body other than parliament but with authority of an act of parliament

Question 2

What are the three types of delegates legislation

Answer 2

Orders in council
Statutory instruments
By-laws

Question 3

What is a parent act

Answer 3

This act gives the right to create one of the three types of delegates legislation

Question 4

Who has the authority to make orders in council

Answer 4

The queen and the privy council

Question 5

Who is in the pricy council

Answer 5

PM sans leading members of the government

Question 6

Orders in council are made on wide range of matters such as

Answer 6

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

Question 7

An example of an order in council is

Answer 7

The amendment to the misuse of drugs act ( 2008) when cannabis was reverted back to being a B class drug

Question 8

What are statutory instruments

Answer 8

Rules and regulations made by government ministers under the authority of an enabling act.

Question 9

An example of statutory instruments

Answer 9

Police and evidence act 1984- police codes of practice introduced regarding stop and search

Question 10

What are by laws

Answer 10

Laws made by local authorities or public corporations

Question 11

An example of a company by-law

Answer 11

£50 fine on the Tyne and Wear metro for smoking on the premises

Question 12

what are the various controls parliament has over delegated legislation

Answer 12

enabling act
delegated powers scrutiny committee
affirmative resolutions
negative resolutions 
questioning of ministers
super affirmative resolutions 
joint- select committee on statutory instruments

Question 13

how does the enabling act offer control over delegated legislation

Answer 13

sets limits of power to make delegated legislation e.g. what types of law can be changed and who to consult

Question 14

how does the delegated powers scrutiny committee control over delegated legislation

Answer 14

reports findings on delegated legislation to parliament- can’t ammend

Question 15

how does the affirmative resolutions offer control over delegated legislation

Answer 15

must be approved by both houses of parliament before coming into force

Question 16

how does the negative resolutions offer control over delegated legislation

Answer 16

becomes law after 40 days unless there are objections

Question 17

how does the questioning of ministers offer control over delegated legislation

Answer 17

MPs can criticise ministers in the house of commons on any delegated legislation

Question 18

how does the super affirmative resolutions offer control over delegated legislation

Answer 18

only used for delegated legislation under the legislative and regulatory reform act 2006

Question 19

how does the joint- select committee on statutory instruments control over delegated legislation

Answer 19

can throughly review delegated legislation but can only report back to parliament

Question 20

when can a delegated legislation be brought under judicial review

Answer 20

it can be brought to court by someone interested in the case on the ground it is an ultra vires

Question 21

what are the three ultra vires

Answer 21

1) gone beyond the power set out in the enabling act
2) an incorrect procedure has been used
3) unreasonable

Question 22

which case is when a piece of delegated legislation had gone beyond its powers

Answer 22

R v Home Secretary

Question 23

what happened in R v Home Secretary

Answer 23

when changes to the criminal justice compensation scheme had gone beyond those in CJA

Question 24

what case showed the wrong procedure

Answer 24

aylesbury mushroom case

Question 25

what happened in the Aylesbury mushroom case

Answer 25

the minister of labour did not consult the mushroom growers association before changing the law

Question 26

what case shows a delegated legislation to be unreasonable

Answer 26

R v Swindon NHS trust

Question 27

what happened in R V Swindon

Answer 27

NHS trust refused to prescribe breast cancer drug even though it had been used on other people- their decision was seen as unreasonable

Question 28

are parliamentary controls effective

Answer 28

sheer amount means they rarely face scrutiny
difficult to remove legislation
hard to understand
scrutiny committees can only recommend to parliament

Question 29

are judicial controls effective

Answer 29

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

Question 30

what are the advantages of delegated legislation

Answer 30

saves parliamentary time
allows the use of expert of local knowledge
allows consultation
quick to make 
easy to amend

Question 31

what are the disadvantages of delegated legislation

Answer 31

undemocratic
risk of sub-delegation
large volume and lack of publicity
difficult wording