Delegated Legislation Flashcards
(31 cards)
What is delegated legislation?
Law made by a person or body other than Parliament, with Parliament’s authority
Delegated legislation is established through a ‘parent’ Act of Parliament, known as an enabling Act.
What is an enabling Act?
A parent Act of Parliament that provides the framework for delegated legislation
The Police and Criminal Evidence Act 1984.
Name the three different types of delegated legislation.
By laws
Orders in council
Statutory Instruments
Who makes Orders in Council?
The King and the privy council
True or False: Orders in Council must be debated and voted upon in Parliament.
False
This type of delegated legislation allows the government to legislate without parliamentary debate.
What are some matters Orders in Council can address?
Transferring responsibility between government department
Bringing Acts or parts of Acts into force
Making law in emergencies
What is the role of a ‘parent’ Act in delegated legislation?
It creates the framework of the law and delegates power to make more detailed law
What are statutory instruments?
Statutory instruments are rules and regulations made by government ministers.
Who can make statutory instruments?
Ministers are responsible for different departments and can make statutory instruments related to their department.
Give an example of a minister who can make statutory instruments.
The Minister for Work and Pensions can make regulations on work-related matters, such as health and safety at work.
What is another example of a statutory instrument?
Chemicals (Hazard Information and Packaging for Supply) Regulations 2009.
What are by-laws?
By-laws are made by local authorities to cover matters within their own area.
Who can pass by-laws?
A county council can pass by-laws affecting a whole county, while a district or town council can only make by-laws for its district or town.
What is the role of the Enabling Act?
It sets out the limits within which any delegated legislation must be made
e.g. which government ministers can make the regulations
What are the two types of resolution? - the way in which statutory instruments are laid before parliament
Negative
Affirmative Action
What is Negative Resolution?
SI will become law unless rejected by Parliament
What is Affirmative Resolution?
SI will not become law unless specifically approved by Parliament
What are scrutiny committees made up of?
Joint committee on Statutory instruments
Secondary Legislation on Scrutiny Committees (in the HOL)
When can scrutiny committees check legislation?
Only after it has been made and come into force
What is the regulatory reform committee?
They report whether the provisions of any bill inappropriately delegate legislative power
What are the three types of judicial review that can take place in the High Court once someone has acquired locus standii?
Procedural
Unreasonable
Substantive
What is Procedural Ultra Vires?
The correct procedure set out by the enabling Act has been followed
What is substantive Ultra Vires?
The rule making body has no substantive power under the enabling Act to make the rules in question
What is unreasonable Ultra Vires?
The decision is so irrational that no reasonable authority would ever consider imposing it
