Delegated Legislation

Question 1

Delegated legislation

Answer 1

Laws made by authorities other than parliament, but under their authority

Question 2

How does delegated legislation work?

Answer 2

Parliament gives authority by passing an enabling act that provides the framework for the law and delegates authority to another body to make detailed laws in their area

Question 3

Why is delegated legislation needed?

Answer 3

• Parliament lacks time and expertise
• Local authority have greater knowledge of their area
• Can be faster - Can be flexible

Question 4

Types of delegated legislation

Answer 4

• Orders in council
• Statutory instruments
• Bylaws

Question 5

Orders in Council

Answer 5

Law made by the Monarch + Privy council

Question 6

What are the orders in council used for?

Answer 6

• Times of emergency eg. Fuel Crisis 2000
• When Parliament isn’t sitting
• Transferring powers between gov deps/devolving powers
• Bringing EU law into UK
• Changing specific laws (2003 OIC made Cannabis a Class C drug)

Question 7

Examples of orders in council

Answer 7

Misuse of Drugs Act 1971

Question 8

Statutory instruments

Answer 8

Rules and regulations made by government ministers and they produce over 3000 laws a year

Question 9

Examples of statutory instruments

Answer 9

• Codes of Practice under PACE
• The Fresh Meat (Beef Controls) (No2) (Amendment) (England) Regulations 2000

Question 10

Bylaws

Answer 10

A set of governing rules adopted by a corporation or local authority

Question 11

Why are bylaws helpful?

Answer 11

Can be made by public corporations and certain companies for matters in their jurisdiction

Question 12

Examples of bylaws

Answer 12

Epping forest bylaw

Question 13

Types of control over delegated legislation (5)

Answer 13

• Enabling Act
• Delegated powers scrutiny committee
• Laying before Parliament
• Scrutiny committee
• Judicial control

Question 14

Enabling Act

Answer 14

A parent act required in order to delegate powers and how they can be used. Powers can be repealed

Question 15

Delegated powers scrutiny committee

Answer 15

Sits in HOL and considers whether any power was delegated inappropriately e.g. Not allowing powers to raise taxes

Question 16

Laying before Parliament

Answer 16

Parliament checks if a delegated power has not been wrongfully used

Question 17

Two types of LBP solutions

Answer 17

• Affirmative
• Negative

Question 18

Affirmative resolution

Answer 18

Procedure where a small amount of delegated legislation has to be approved by Parliament through vote

Question 19

Negative solution

Answer 19

More common solution which allows a power to be delegated within 40 days if not rejected by.

Question 20

In 2013, what percentage of delegated legislation was objected to in negative resolution?

Answer 20

1%

Question 21

Scrutiny committee

Answer 21

Group of MPs who review all statutory legislation and draws attention to parliament when there are needs for further consideration in a legislation

Question 22

Two types of judicial control (Ultra Vires)

Answer 22

• Procedural Ultra vires
• Substantive ultra vires

Question 23

What is ultra vires?

Answer 23

When a corporation engages in activity beyond its specifically stated purpose, the activity is an ultra vires activity and the DL is void

Question 24

Procedural ultra vires

Answer 24

Means the procedure in the enabling Act was not followed

Question 25

Example of procedural ultra vires

Answer 25

Aylesbury Mushroom Case

Question 26

Substantive ultra vires

Answer 26

Where the delegated legislation goes beyond what Parliament intended

Question 27

Example of substantive ultra vires

Answer 27

Congreve v Home Office

Question 28

Unreasonableness

Answer 28

Even when the process looks correct the court may look at the weight given to the different factors in the decision making process

Question 29

Examples of unreasonableness

Answer 29

• Wednesbury unreasonableness
• Backhouse V Lambeth London Borough Council (1972)
• Rogers V Swindon 2006