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Flashcards in delegated legislation Deck (35):

who makes orders in council

the privy council


who is on the privy council

old and new pm's, cabinet ministers, judges and the royal family


what allows the privy council to exist

a royal prerogative


3 uses of orders in council

transfer responsibilities
foreign affaires
act in an emergency


the act for transferring responsibilities

national assembly for wales order 1999


foreign affaires orders in council example

afganistan un sanctions order 2001


emergency powers act and example

emergency powers act 1920
energy act 1976 order 2000


what did the foreign affaires example do

made it an offence to fund osama bin laden


what did the national assembly for wales order 1999 do

transferred powers from the welsh office to the welsh assembly


what happened in the energy act 1976 order 2000

fuel could be moved by the military to avoid protestors


an example of a cabinet minister

jeremy hunt- minister for health


who drafts si's

civil servants


3 examples for delegated legislation uses

update an act of parliament
bring an act into force
comply with eu law


case for update an act of parliament and what did it do

national minimum wage amendment regulations 2012
increased the minimum wage from 6 pound 6 to 6 pound 18


what act it the minimum wage regulations amend

minimum wage act 1998


what is the bring an act into force example and what did it do

coroners and justice act 1998 commencement number 10 2008-
ordered the use of video link to be used for a defendant in police detention for preliminary hearings


eu into line case example

money laundering amendement regulations 2012


parliamentary controls of delegated legislation

enabling act
delegated powers scrutiny committee
affirmative resolutions
negative resolutions
joint select committee on si's


two bylaw examples

Rod Fishing bylaw 2012- banning the fishing of salmon in the river wye

Malvern hills act 1982-restricting the places people could walk


what do the delegated powers scrutiny committee

consider bills and make sure the appropriate amount of power has been given


what are affirmative resolutions

must be approved by Parliament between 28-40 days before it can become law


what act did the money laundering regulations amendment 2012 change

Money Laundering Regulations 2007


an example of an affirmative procedure

Police and Criminal Evidence Act 1984


what are negative resolutions

si is laid before parliament for 40 days and if there is not a problem in the house of commons or the house of lords then it goes through


what is the joint select committee on si's

committee that review all of the si's created by mps


when does the joint select committee raise an issue

>imposes a tax
>appears to be retrospective
>goes beyond the powers of the enabling act
>wording is unclear


types of judicial control

procedural ultra vires
substantive ultra vires


case for procedural ultra vires and what happened

aylesbury mushroom case
change to the mushroom growers contract however it was void because the minister did not contact the mushroom growers association


case for substantive ultra vires and what happened

Customs and Excise v Core and Deeley

The Finance Act gave Customs and Excise power to make whatever laws they wanted. This was Ultra Vires as it gave them more power than Parliament!


case for unreasonableness and what happened

rogers v swindon nhs trust

access to a cancer drug was refused and this was deemed to be unreasonable by the NHS Trust because she would have been able to access the drug in a neighbouring Trust


advantages of delegated legislation

saves parliament time
passed quickly in emergencies
specialist knowledge
controls over the legislation


why does delegated legislation save time

Parliament can debate important issues such as contracts for doctors in the NHS or conflict in Syria rather than focus on local issues e.g. road traffic control in Hereford or minor issues such as slight increase to minimum wage. Over 3000 sis made every year as well as emergency provisions and bylaws so it would be impossible for Parliament to make these. Passing an Act of Parliament can be a long process


example of how delegated legislation is useful in emergencies

Foot and Mouth Crisis


specialist knowledge case example and why it was specialist

Air Navigation Order 1995 contains 140 pages of technical material including maps and information regarding the flying of aircraft


disadvantages of delegated legislation

not public
contradicts separation of powers
not enough controls
government can battle out judicial review