Describe the controls of delegate legislation Flashcards
(15 cards)
What is the role of the Enabling/Parent Act in delegated legislation?
The Enabling/Parent Act passed by Parliament states which Government Minister can make delegated legislation, the type of laws that can be made, and the area of the country to which it relates.
Can Parliament amend or repeal an Enabling/Parent Act?
Yes, Parliament can amend or repeal (remove) an Enabling/Parent Act at any time.
What is an affirmative resolution in the context of statutory instruments?
A small number of statutory instruments are subject to an affirmative resolution, meaning they will not become law unless specifically approved by Parliament.
Example: Police Codes of Practice under the Police and Criminal Evidence Act 1984 require a vote within 28-40 days.
What is a negative resolution for statutory instruments?
Most other statutory instruments are subject to a negative resolution, meaning they will be law unless rejected by Parliament within 40 days.
How can MPs question the government regarding delegated legislation?
Questions in Parliament can be asked by MPs to Government Ministers about proposed or current delegated legislation.
What is the role of the Scrutiny Committee regarding statutory instruments?
The Scrutiny Committee (Joint Committee on Statutory Instruments) reviews all statutory instruments and can refer them back to both Houses of Parliament for reasons such as imposing a tax, exceeding powers given under the enabling Act, or being unclear.
What does the Delegated Powers Scrutiny Committee do?
The Delegated Powers Scrutiny Committee in the House of Lords can report to Parliament with proposals for amending a statutory instrument.
What can the courts challenge delegated legislation on?
The courts can challenge delegated legislation by judicial review on the grounds that it is ‘ultra vires’ (beyond power).
What happens if delegated legislation is ruled to be ultra vires?
If ruled to be ultra vires, the delegated legislation is void.
Who can challenge delegated legislation?
Anyone affected by the delegated legislation can challenge it.
What are the three main grounds for ultra vires?
The three main grounds for ultra vires are substantive ultra vires, procedural ultra vires, and unreasonableness.
What is substantive ultra vires?
Substantive ultra vires occurs when the delegated legislation goes beyond the powers given by Parliament in the enabling Act.
Example: R v Home Secretary ex parte Fire Brigades Union.
What is procedural ultra vires?
Procedural ultra vires occurs when the correct procedure for delegated legislation as set out in the enabling Act has not been followed.
Example: Aylesbury Mushrooms.
What is unreasonableness in the context of ultra vires?
Unreasonableness, known as ‘Wednesbury unreasonableness’, is a ground upon which the courts can rule delegated legislation to be ultra vires.
Example: Strickland v Hayes Borough Council.
What does the merits of statutory instruments committee consider? And what are the reasons for special attention?
The merits of statutory instruments committee considers instruments and draft instruments presented to the House of Lords with a view to determine whether or not to draw the instruments to special attention of the house. Reasons maybe but it is politically or legally important or that it is inappropriate interview of a change of circumstance since passing of the parent act
