Regulation of delegated legislation Flashcards
What regulates delegated legislation?
The Administrative Court within the King’s Bench Division
What does the Administrative Court within the King’s Bench Division do?
Regulate delegated legislation
What happens when a complaint is made on a delegated law?
There will be a judicial review, which checks that the law is ultra vires
Procedural ultra vires
Incorrect procedure followed
Procedural ultra vires case
Aylesbury Mushroom case 1972
Incorrect procedure followed
Procedural ultra vires
What happened in the Aylesbury Mushroom case 1972?
Minister of Labour did not consult interested parties, so the order was invalid
Substantive ultra vires
A rule-making body has no substantive power under the enabling act to make the rules in question
A rule-making body has no substantive power under the enabling act to make the rules in question
Substantive ultra vires
Substantive ultra vires case
Fulham Corporation 1921
Wednesbury unreasonableness
When a decision is so unreasonable that no reasonable body would consider proposing it
When a decision is so unreasonable that no reasonable body would consider proposing it
Wednesbury unreasonableness
Wednesbury unreasonableness case
Rogers v Swindon NHS Trust
Negative resolution procedure
The statutory instrument will become law unless rejected by parliament within 40 days of publication
The statutory instrument will become law unless rejected by parliament within 40 days of publication
Negative resolution procedure
Affirmative resolution procedure
The statutory instrument will not become law unless approved by parliament
The statutory instrument will not become law unless approved by parliament
Affirmative resolution procedure
Example of where affirmative resolution procedure has been used
Police and Criminal Evidence Act 1984
Committees
- Joint Committee on Statutory Instruments
- Secondary Legislation Scrutiny Committee in the HoL
- Delegated Powers and Regulatory Reform Committee
What does the Delegated Powers and Regulatory Reform Committee do?
Reports whether the provisions of any Bill inappropriately delegate legislative power and whether the exercise of legislative power is subjected to an inappropriate degree of parliamentary scrutiny
