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Law Unit 2 > Delegated legislation > Flashcards

Delegated legislation Flashcards

- Types of delegated legislation: Orders in council, Statutory Instruments and By-laws. - Controls on delegated legislation by Parliament and the courts, and their effectiveness. - Reasons for the use of delegated legislation. - Advantages and disadvantages of delegated legislation.

1
Q

What is delegated legislation?

A

When parliament DELEGATES the power to make law to other bodies

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2
Q

How is power given way?

A

An enabling act

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3
Q

An example of an enabling act is the Access to Justice Act —-

A

1999

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4
Q

The Access to Justice Act 1999 gives the ____ ____ wide powers to alter legal ___

A

Lord chancellor

Legal funding

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5
Q

Which act gives the secretary of state powers to make regulations on points, such as discrimination in the workplace?

A

The disability discrimination act 1995

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6
Q

What are the three types of delegated legislation?

A
  1. Ministerial Regulations (statutory instruments)
  2. Orders in council
  3. By-laws
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7
Q

Ministerial regulations are made by m___

A

Ministers

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8
Q

What form are ministerial regulations issued in?

A

Statutory instruments

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9
Q

Over ___ ministerial regulations are made a year

A

3000

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10
Q

An example of an ministerial regulation is the ___ and criminal ___ Act ___

A

Police and Criminal Evidence Act 1984

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11
Q

The police and criminal evidence act ___ gives the Minister for ___ the power to issue codes of practice with regards to police stop and search etc.

A

Act 1984

Minister for justice

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12
Q

Orders in council are made by the ___ council

A

Privy

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13
Q

The privy council are a group of people close to the m___

A

Monarch

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14
Q

The privy council consists of the p___ m__ and all the c__ members

A

Prime minister

Cabinet members

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15
Q

True or false: Orders in council can be made on a narrow range of things

A

False- they can make orders on a wide range of issues

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16
Q

Examples of issues an order in council can be made of include

  1. Bringing ___ into force
  2. Making law in times of __ under the Civil contingency act 200_
A
  1. acts
  2. times of emergency
    Civil contingency act 2004
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17
Q

An order in council made an order banning deals with whom?

A

Usama bin Laden Al Qaida

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18
Q

An order of council was made in 2003 to ___ cannabis

A

downgrade

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19
Q

The power to downgrade cannabis was exercising under the M___ of drugs act 19__

A

Misuse of drugs act 1971

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20
Q

By-laws can be made by local ___ and p____ corporations

A

Local authorities

Public corporations

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21
Q

The l___ g___ act ___ grants local authorities powers to make laws concerning their geographical area

A

Local government act 1974

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22
Q

An example of an by-law is in B____: there’s a law concerning the banning of consumption of a____ in d___ a____

A

Birmingham

Alcohol in designated areas

23
Q

There are two types of control (checking quality and fairness) on delegated legislation

  1. C___
  2. P___
A

Courts

Parliament

24
Q

Parliamentary controls can r___ the delegated power and may also vary it.

A

Revoke

25
Q

Parliamentary control will request the delegated legislation to be “l____ b__ p___” before it becomes law

A

Laid before parliament

26
Q

Parliament will have __ days to question the Minister and debate the law.

A

40

27
Q

True or false: A delegated legislation will become law UNLESS it is rejected

A

True

28
Q

Negative resolution is when parliament doesn’t r__ or legislation that becomes law.

A

Reject

29
Q

True or false : Occasionally an enabling act requires an affirmative resolution from one or both houses.

A

True

30
Q

If an act requires a positive resolution, does parliament HAVE to vote on it?

A

Yes

31
Q

The job of a scrutiny committee is to r___ all delegated legislations and report to Parliament on their findings.

A

Review

32
Q

True or false: The Joint Committee on Statutory instruments was created in 1988

A

False- it was created in 1974

33
Q

Does the joint committee on statutory instruments report to both houses?

A

Yes

34
Q

Parliament can require that the delegated body consult with or submit a ___ ___ for approval to experts

A

Draft instrument

35
Q

True or false: Parliament can only tell delegated bodies to consult with experts within their own departments

A

False- delegated bodies can be made to consult with experts both inside and outside of their own departments.

36
Q

Who signs ministerial regulations?

A

The appropriate minister

37
Q

The e___ p___ Act ___ grants the privy council law-making powers

A

Emergency powers Act 1920

38
Q

Which type of delegated legislation is seen commonly in times of war?

A

Order in council

39
Q

An example of what may be deemed as a national emergency is the

A

Petrol Strikes 2000

40
Q

An example of an act that required an affirmative resolution from parliament is:

A

Police and Criminal evidence 1984

41
Q

Parliament can require, in the enabling Act, that the delegated body must consult with _____ both in and out of their field of expertise.

A

experts

42
Q

Courts controls are done through the process of judicial review in the _____ court of the ____

A

Divisional court of the QBD

43
Q

What is the ultra vires rule?

A
  • It means the courts can declare the exercise of delegating a power invalid.
  • They’re saying someone has exceeded or abused their powers or is being completely unreasonable with the power that has been delegated to them.
44
Q

If the delegated legislation is ultra vires…..

A
  1. The legislation is void/doesn’t exist. It must be redrafted.
  2. The court is dependent on an individual seeking judicial review and bringing the matter before them- Only people directly affected by the DL are entitled to bring a judicial review action.
45
Q

The two grounds on which a DL can be void

A
  1. Procedural ground

2. Substantive ground

46
Q

An example of where a DL was invalid on substantive grounds.

A

Aylesbury mushroom case- Minister of Labour didn’t consult with the Mushroom Growers Association.

47
Q

What is the procedural ground?

A

A minister has failed to follow a procedure laid down in the enabling Act.

48
Q

What is the substantive ground?

A

The delegated body has made law
not authorised by the Act
or not intended by the Act
or acted irrationally.

49
Q

An example of where a DL was invalid due on substantive grounds.

A

Rodgers vs Swindon NHS trust- they didn’t give her a drug for breast cancer despite the fact the same drug was provided for other patients in the same area.

50
Q

3 comments on the effectiveness of parliamentary controls.

A
  1. The volume of DL passed every year means scrutinising every one of them to a high level is difficult.
  2. Those scrutinising the DL might not always have enough expertise to know whether it was made validly.
  3. The scrutiny committee has limited power as it can only make recommendations to parliament.
51
Q

Effectiveness on judicial control (2 comments)

A
  1. Only a person affected by a DL can challenge it.

2. The public body/government are likely to have far more resources than those making the challenge.

52
Q

4 reasons why DL is needed

  1. D___ l___
  2. E____ k___
  3. L___ l__
  4. C___
A
  1. Detailed law
  2. Expert knowledge
  3. . Local knowledge.
  4. Consultation
53
Q

Advantages of DL (4)

A
  1. Saves parliamentary time
  2. Technical expertise.
  3. Flexibility
  4. Can be used to fulfil international obligations.
54
Q

Disadvantages of DL (4)

A
  1. Partly undemocratic
  2. Limited scrutiny
  3. Can lead to sub-delegation.
  4. Public may not be aware of it/ lack of publicity.
  5. More need of control
  6. Length and expense of judicial review.

Law Unit 2 (17 decks)

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