Topic 2: Delegated Legislation

Question 1

What does ‘to delegate’ mean?

Answer 1

To entrust another person with a task or responsibility

Question 2

Delegated legislation is…

Answer 2

A law that’s made by a person or body to whom Parliament has delegated a law making power

Question 3

What is the parent/enabling act

Answer 3

A primary piece of legislation where it gives parliament the power to authorise another body/person to make a law

Question 4

Why do we need Delegated legislation? (5)

Answer 4

Lack of parliamentary time
The consultation can be more extensive
Technical expertise can be used
It's quicker to pass legislation 
It's easier to amend

Question 5

Who do statutory instruments authorise to make laws?

Answer 5

Government ministers

Government departments

Question 6

Who do orders in council authorise to make laws?

Answer 6

The queen

Privacy council

Question 7

Who do by-laws authorise to make laws?

Answer 7

Local authorities

Public corporations

Question 8

What is the effect of by-laws?

Answer 8

Local

Question 9

What is the effect of orders in council?

Answer 9

National

Or local

Question 10

What is the effect of statutory instruments?

Answer 10

National

Question 11

Statutory instruments can come in the form of…

Answer 11

Regulations
Orders
Rules
Code of practice

Question 12

What are the 3 methods which statutory instruments can be introduced by?

Answer 12

Negative resolutions
Affirmative resolutions
Super affirmative resolutions

Question 13

What are the two types of by-laws?

Answer 13

Local by-laws

Public cooperation by-law

Question 14

What are the two types of control of delegated legislation?

Answer 14

By Parliament

By the courts

Question 15

Why do we need some control over delegated legislation?

Answer 15

Delegated legislations is being made by non-elected bodies which means it’s important for it to be controlled

Question 16

What are the 4 controls by Parliament?

Answer 16

The enabling act
Scrutiny committees
Laying before Parliament
Questions in Parliament

Question 17

Remember this for an A/A* grade

Answer 17

Publication of all statutory instruments is required under the Statutory Instruments Act 1946

Question 18

What is affirmative resolution?

Answer 18

The statutory instrument is payed before Parliament and they’re all acquired to vote to show approval of the delicates legislation

Question 19

What is negative resolution?

Answer 19

An MP puts down a motion to annul the delegated legislation, if no one rejects in 40 days. It will pass.

Question 20

What is super-affirmative resolution?

Answer 20

Ministers have the power to make any statutory instruments with the aim of repealing an existing law to remove a burden

Question 21

What does ultra vires mean?

Answer 21

A Latin phrase meaning ‘to go beyond the power’

Question 22

What can they use to question the validity of the piece of delegated legislation?

Answer 22

Judicial review
Civil claim between two parities
Case stated appeal

Question 23

What is a substantive ultra vire?

Answer 23

When a body have exceeded their powers when making delegated legislation

Question 24

What is procedural ultra vires?

Answer 24

Where delegated legislation has been made following the incorrect process

Question 25

What is judicial review?

Answer 25

It’s a type of court proceeding which a judge reviews the lawfulness of a decision or action made by a public body