Regulation of delegated legislation

Question 1

What regulates delegated legislation?

Answer 1

The Administrative Court within the King’s Bench Division

Question 2

What does the Administrative Court within the King’s Bench Division do?

Answer 2

Regulate delegated legislation

Question 3

What happens when a complaint is made on a delegated law?

Answer 3

There will be a judicial review, which checks that the law is ultra vires

Question 4

Procedural ultra vires

Answer 4

Incorrect procedure followed

Question 5

Procedural ultra vires case

Answer 5

Aylesbury Mushroom case 1972

Question 6

Incorrect procedure followed

Answer 6

Procedural ultra vires

Question 7

What happened in the Aylesbury Mushroom case 1972?

Answer 7

Minister of Labour did not consult interested parties, so the order was invalid

Question 8

Substantive ultra vires

Answer 8

A rule-making body has no substantive power under the enabling act to make the rules in question

Question 9

A rule-making body has no substantive power under the enabling act to make the rules in question

Answer 9

Substantive ultra vires

Question 10

Substantive ultra vires case

Answer 10

Fulham Corporation 1921

Question 11

Wednesbury unreasonableness

Answer 11

When a decision is so unreasonable that no reasonable body would consider proposing it

Question 12

When a decision is so unreasonable that no reasonable body would consider proposing it

Answer 12

Wednesbury unreasonableness

Question 13

Wednesbury unreasonableness case

Answer 13

Rogers v Swindon NHS Trust

Question 14

Negative resolution procedure

Answer 14

The statutory instrument will become law unless rejected by parliament within 40 days of publication

Question 15

The statutory instrument will become law unless rejected by parliament within 40 days of publication

Answer 15

Negative resolution procedure

Question 16

Affirmative resolution procedure

Answer 16

The statutory instrument will not become law unless approved by parliament

Question 17

The statutory instrument will not become law unless approved by parliament

Answer 17

Affirmative resolution procedure

Question 18

Example of where affirmative resolution procedure has been used

Answer 18

Police and Criminal Evidence Act 1984

Question 19

Committees

Answer 19

• Joint Committee on Statutory Instruments
• Secondary Legislation Scrutiny Committee in the HoL
• Delegated Powers and Regulatory Reform Committee

Question 20

What does the Delegated Powers and Regulatory Reform Committee do?

Answer 20

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