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Flashcards in Delegated Legislation Deck (12):

What is an enabling act?

a statute empowering a person or body to take certain action, especially to make regulations, rules, or orders


Give an example of an enabling act?

Dangerous dogs act 1993


What is publication?

Publication. ... Publication is the act of offering something for the general public to inspect or scrutinize.


What is affirmative resolution procedure?

Affirmative procedure is a type of parliamentary procedure that applies to some Statutory Instruments (SIs). An SI that is laid subject to affirmative procedure requires the formal approval of both Houses of Parliament before it becomes law.


What is negative resolution procedure?

Negative procedure is a type of procedure that a statutory instrument can go through. A statutory instrument under the negative procedure will automatically become law without debate unless there is an objection from either House.


Who are the privy council?

a body of advisers appointed by a sovereign or a Governor General


What is a bylaw?

a regulation made by a local authority or corporation


What are orders in council?

Orders in Council are used when an ordinary statutory instrument would be inappropriate, such as for transferring responsibilities between government departments. They are issued by and with the advice of HM Privy Council and are approved in person by the monarch.


What are statutory instruments?

a government or executive order of subordinate legislation.


What is judicial review?

(in the UK) a procedure by which a court can review an administrative action by a public body and (in England) secure a declaration, order, or award.


What does 'ultra vires' mean?

beyond one's legal power or authority.
Latin phrase meaning 'beyond the powers'


What is substantive ultra vires mean?

Substantive ultra vires means that the rule making authority has no substantive power under the empowering act to make rules in question. It refers to the scope, extent and range of power conferred by the parent statute to make delegated legislation.