Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

The power given to other law making bodies to add more detail to legislation. The rights to do this are given in the ‘enabling act’

Question 2

What is an order in council?

Answer 2

The King or Privy Council can make laws without them being passed through parliament

Question 3

What are orders in council used for?

Answer 3

• Transfer responsibility between government departments
• Bringing statute into force
• Giving effect to eu directives

Question 4

What is an example of an order in council?

Answer 4

The 2003 amendment of the Misuse of Drugs Act 1971 for Cannabis to be changed from class B to class C and then back again

Question 5

What are statutory instruments?

Answer 5

Ministers can make regulations for their area of responsibility. They are short but contain details that are too complex for a statute

Question 6

Give an example of a statutory instrument?

Answer 6

Police codes of practice and conduct in PACE Act 1984

Question 7

What is affirmative resolution in statutory instruments?

Answer 7

The instrument will not become law unless approved by parliament. The need for this is outlined in the enabling act

Question 8

What is negative resolution in statutory instruments?

Answer 8

The instrument is made law unless rejected in 40 days. Very few are looked at but they are available for MP’s to consider

Question 9

Who are the Scrutiny Committee?

Answer 9

They review all statutory instruments and bring attention of issues to Parliament. Though they can’t amend or reject them, they can only refer

Question 10

Why may the Scrutiny Committee refer a statutory instrument?

Answer 10

• Goes beyond powers in enabling act
• Unusual use of power
• Unclear or defective

Question 11

What is the Legislative and Regulatory Reform Act 2006?

Answer 11

The procedure for statutory instruments to repeal legislation and ‘remove a burden’

Question 12

What is negative resolution in the Legislative and Regulatory Reform Act 2006?

Answer 12

The minister recommends the repeal and it is carried out in 30 days unless there’s a rejection

Question 13

What is affirmative resolution in the Legislative and Regulatory Reform Act 2006?

Answer 13

Parliament needs to approve the instrument and it must undergo super-affirmative resolution

Question 14

What is super-affirmative resolution in the Legislative and Regulatory Reform Act 2006?

Answer 14

The minister must consider and consult any affected parties or the Law Commission when necessary

Question 15

What are by-laws?

Answer 15

Laws made by local authorities that govern the local area. By-laws can also be made by public companies for issues in their jurisdiction

Question 16

What was held in Strickland v Hayes BC?

Answer 16

The by-law of preventing singing in land adjacent to a public area was considered unreasonable and was repealed

Question 17

What are the controls of delegated legislation?

Answer 17

• Consultation
• Publication
• Parliamentary control
• Judicial control

Question 18

When can legislation be challenged in courts?

Answer 18

By anyone who has been directly and adversely affected by it and it is deemed ‘procedural ultra vires’ or ‘substantive ultra vires’

Question 19

When will the court revoke delegated legislation?

Answer 19

• Exceeds power in the enabling act
• The legislation is unreasonable
• There is a defect in the procedure

Question 20

What are the three main criticisms of delegated legislation?

Answer 20

• Gives a minister legislative power
• Made in private by non-elected bodies
• Hard to prevent from being passed