Delegated Legislation

Question 1

What is a parent act?

Answer 1

the original act, known as an enabling act

Question 2

What does the parent act do?

Answer 2

allows other bodies with as much authority as parliament to pass laws

Question 3

Definition of delegated legislation

Answer 3

law made by some other person or body to parliament with the same authority

Question 4

What is an Orders in council?

Answer 4

King, Privy council, senior politicians that make laws that don’t need to be debated on in parliament

Question 5

What is a Statutory Instrument?

Answer 5

refers to rules and regulations made by government ministers

Question 6

What is a by-law?

Answer 6

rules made by local authorities

Question 7

What are 5 reasons why delegated legislation is needed?

Answer 7

• lack of parliamentary time
• consultation can be more extensive
• technical expertise can be used
• quicker to pass legislation
• easier to amend

Question 8

List matters of Orders in council

Answer 8

transfer responsibility between government departments, bring acts of parliament into force, make laws in emergencies

Question 9

Give 2 examples of enabling acts

Answer 9

Misuse of Drugs Act 1971
Police and Criminal Evidence Act (PACE) 1984

Question 10

Describe statutory instruments

Answer 10

• they can be short, covering only one point
• they can be long, with detailed regulations that are too complex for Acts of Parliament
• in 2014, 3481 made
• in 2019, 1410 made

Question 11

Give 2 examples of statutory instruments

Answer 11

Chemical regulations 2009
Police Codes of Practice

Question 12

Describe by-laws

Answer 12

cover traffic control, parking, regulating behaviour
county council can make them that will affect whole country
eg Transport for London

Question 13

What is affirmative resolutions?

Answer 13

statutory instruments don’t become law unless approved by Parliament
small number subject to this
can reject not change

Question 14

What is negative resolutions?

Answer 14

statutory instruments will become a law if not rejected in 40 days of issue

Question 15

What is the scrutiny committee?

Answer 15

joint and secondary legislation scrutiny committee
check legislation once it has come into force
can only recommend changes

Question 16

What are the 3 controls of the judiciary over delegated legislation?

Answer 16

procedural, substantive, wednesbury unreasonableness

Question 17

What is procedural ultra vires?

Answer 17

when the correct procedures haven’t been followed

Question 18

Give 2 examples of when procedural ultra vires was used

Answer 18

• Aylesbury Mushroom case 1972
  a board was set up without contacting the growers in the Mushroom Growers Association, enabling act stated that they had to be contacted
• R v Secretary v of State for Education and Employment 2000
  access to higher pay for teachers was only consulted for only 4 days which is unfair

Question 19

What is substantive ultra vires?

Answer 19

a rule making body has no substantial power under the enabling act to make the rules in question

Question 20

Give an example of when substantive ultra vires was used

Answer 20

R v Home Secretary ex parte Fire Brigades Union 1995
changes made by the Home Secretary to the Criminal Injuries Compensation Scheme were above the delegated powers given in the Criminal Justice Act 1988

Question 21

What is Wednesbury unreasonableness?

Answer 21

when a decision is so unreasonable/irrational that no reasonable body/position of authority would ever consider imposing it

Question 22

Give an example of when Wednesbury unreasonableness was used

Answer 22

R v Swindon NHS Trust 2006
a woman with breast cancer was denied to be prescribed a drug Herceptin, as it was ‘not exceptional’, however the NHS did provide the same drug to others in her area, the decision in court was that it was unreasonable, so ultra vires and void

Question 23

List 7 advantages to using delegated legislation

Answer 23

• time saving
• policy over detail
• speed
• expertise
• flexibility
• Acts of Parliament can be brought into action
• control

Question 24

List 4 disadvantages to delegated legislation

Answer 24

• undemocratic
• sub-delegation
• large volume
• obscure wording

Question 25

What resolution is a new Act of Parliament given when first introduced?

Answer 25

affirmative or negative