Delegated Legislation

Question 1

What is the definition of delegated legislation?

Answer 1

Law made by a person or body to whom parliament has delegated law making powers using a parent or enabling act .

Question 2

What is a statutory instrument?

Answer 2

laws made by government ministers to whom parliament has passed down law making powers in various enabling acts.

Question 3

Give 2 examples of statutory instruments:

Answer 3

. National minimum wage act 1998

. The education reform act 1988

Question 4

What is a by-law?

Answer 4

Laws made by local authorities or other public bodies to whom parliament has passed down law making powers in various enabling acts, used to make laws in local areas.

Question 5

Give 2 examples of by-laws ?

Answer 5

. Clean neighbourhoods and environment act 2005

. The railways act 1993

Question 6

What is an order-in-council ?

Answer 6

Laws made by the queen and privy council to whom parliament has passed down law-making powers in various enabling acts.

Question 7

Who is in the privy council ?

Answer 7

. Queen

. Prime minister

. Other leading members of the government

Question 8

Give 2 examples of orders-in-council:

Answer 8

. The emergency powers act 1920

. The civil contingencies act 2004

Question 9

The first step of parliamentary control

Answer 9

Firstly, a parent act is required to give the government minister the authority to act. If there is no parent act, then the minister cannot make laws.

Question 10

Second step of parliamentary control:

Answer 10

The scrutiny committee have the power to scrutinise SIs eg if it exceeds the power it was given In the parent act. (Can only report not act)

Question 11

What is a affirmative resolution ?

Answer 11

Some enabling acts require an affirmative resolution. This means there must be a debate and only when the house of Lourdes and House of Commons approve it becomes law.

Question 12

What is a negative resolution ?

Answer 12

Negative resolutions require no action by parliament. A statutory instrument will become law after 40 days unless parliament chooses to debate it and can put down a ‘prayer’.

Question 13

What is judicial control ?

Answer 13

Where the courts exercise control through a process known as judicial review in the high court.

Question 14

Why do we have judicial control ?

Answer 14

To enable an individual or organisation let a judge decide whether the delegated legislation is lawful or not.

Question 15

What is ultra vires?

Answer 15

The delegated body has gone beyond the powers granted to it by parliament in the parent act.

Question 16

What happens if a court declares DL to be ultra vires ?

Answer 16

It will be declared void and ineffective .

Question 17

What is procedurally ultra vires ?

Answer 17

• Incorrect procedures were followed when introducing the legislation.
• Aylesbury mushroom case ~ the minister did not consult the Aylesbury mushroom growers association.

Question 18

What is substantively ultra vires ?

Answer 18

• The body acts beyond the powers given to it in the enabling act
• DPP v Hutchinson ~ the by-law excluding her from Greenham Common went beyond the powers enabled by the parent act.

Question 19

What is unreasonable delegated legislation ?

Answer 19

• This is where the delegated legislation has no reasonable meaning behind it
• rogers v Swindon NHS trust ~ the NHS trust could not put forward any reason as to why they gave some cancer patients treatment and not others.

Question 20

What are 3 advantages of delegated legislation ?

Answer 20

• allows rapid action to be taken in times of emergency eg. Face mask wearing during COVID19
• saves parliamentary time as they don’t need to debate every detail of regulations
• easy to amend. This is done so that law can be kept up to date E.g minimum wage.

Question 21

What are 3 disadvantages of delegated legislation ?

Answer 21

• large volume ~ lots of laws made every day so it is difficult to discover what the present law is.
• lack of publicity ~ much of delegated legislation is made in private.
• difficult wording ~ difficulty in understanding the law and the complex regulations