DELEGATED LEGISLATION

Question 1

Orders In Council

Answer 1

• Made by the King on behalf of the Privy Council
• Used to bring an act into force, to dissolve Parliament or to reorganise the responsibilities of government departments

Question 2

Statutory Instruments

Answer 2

• A piece of legislation created by a government minister under the authority of an enabling act
• Major form of law making about 3000 laws a year
• Can be used to update the law - The National Minimum Wage Act 1998 which regularly updates the national minium wage

Question 3

By-Laws

Answer 3

• Can be made by local authority to cover matters in their own area
• County Council can pass by-laws affecting a whole country
• A district/town council can make by-laws for its own district
• Usually made under The Local Government (Miscellaneous Privisons) Act 1982

Question 4

Reasons For Delegated Legislation

Answer 4

• May need to introduce laws quickly
• Parliament does not have the necessary experience
• Delegated legislation can be amended easier than primary legislation
• By-laws deal with local issues
• Parliament does not have the necessary time

Question 5

Advantages

Answer 5

• Saves Parliamentary time
• Use of local expertise
• Easier to amend than primary legislation
• Made by those with specific or technical knowledge

Question 6

Disadvantages

Answer 6

• Risk of sub-delegation
• Ineffective controls
• Often use complex and obscure wording
• Civil servants are less accountable

Question 7

CONTROLS BY PARLIAMENT: Enabling Act

Answer 7

• Parliament controls DL by passing an enabling act that must be followed
• Limits power of who can make DL by stating what can and cannot be done
• May be repealed, revoked or amend at any time

Question 8

CONTROLS BY PARLIAMENT: Negative Resolution Procedure

Answer 8

• Most statutory instruments will be subjected :
  ○ Statutory instruments will become law unless rejected by Parliamebt within 40 days

Question 9

CONTROLS BY PARLIAMENT:
Affirmate Resolution Procedure

Answer 9

• Small number of statutory instruments are subjected:
  ○ Statutory instruments will not become law unless it has been specifically approved
  ○ Always requires before new police codes of practise

Question 10

CONTROLS BY PARLIAMENT :
Scrutiny By Committee

Answer 10

• Joint Committee On SC : Ensure statutory instruments do not :
  ○Impose tax or charge
  ○ Go beyond their powers set in enabling act
  ○ Unusal use of powers
• Secondary Legislation Scrutiny Committee In HOL :
  ○ Can only be used once legislation has been made
  ○ Review all statutory instruments and draw Parliaments attention to them

Question 11

EFFECTIVENES OF CONTROLS BY PARLIAMENT

Answer 11

• ADV
  ○ ARP - allows a debate so issues can be fully considered
  ○ NRP - quick to do so does not take up Parliament time
  ○ SC - helps to ensure all statutory instruments are fair
• DIS
  ○ ARP - takes up Parliamentry time
  ○ NRP - no requirement for MP’s to look at SI
  ○ SC - impossible to scruntise all SI that are passed

Question 12

CONTROL BY THE COURTS : Judicial Review

Answer 12

• Takes place in a special administrative Court within the KBD
• Based on ultra vires - the process allows parties to challenge the lawfullness of administrative decision making
• If successful, the DL will be declared void and no longer effective

Question 13

CONTROL BY THE COURTS : Procedural Ultra Vires

Answer 13

• It is ultra vires because the correct procedure in the Enbaling Act has been followed
• Aylesbury Mushroom Case :
  ○ A piece of DL was declared void because the requirements to consult with interested parties before making thr rules were not properly followed

Question 14

CONTROLS BY THE COURTS : Substantive Ultra Vires

Answer 14

• When a rule-making body has not substantive power under the enabling act to make the rules in question
• R v Home Sec. Exparte Fire Briagde Union :
  ○ Home Secretary made changes to the criminal injuries compensation scheme - Changes were held to be beyond the power given and declared void

Question 15

CHANGES BY THE COURTS : Wednesbury Unreasonableness

Answer 15

• When a decision is so unreasonable that no reasonable body would ever consider imposing it
• Rogers v Swindon NHS :
  ○ Women prescribed a non approved drug for breast cancer - NHS Trust refused to give her the drug as they said her cancer was not exceptional - held to be unreasonable and ultra vires

Question 16

EFFECTIVENESS OF CONTROLS BY THE COURTS

Answer 16

• ADVS
  ○ Ensures laws created in accordance with Parliaments instructions
  ○ If legislation is ultra vires it is struck down by the courts
• DIS
  ○ Courts cannot amend legislation only declare it void - leaves gaps in the law
  ○ Judicial Review can only take place if case comes before Court - people may not be able to fund cout fees