Delegated Legislation

• What is the definition of delegated legislation?


  A source of UK law made by bodies other than Parliament, but with the authority of Parliament
• Why does Parliament delegate law-making power?


  To allow for expertise and efficiency in law creation
• What is an Enabling Act?


  A normal Act of Parliament that delegates power to another body
• What is the significance of the Road Traffic Act 1988 in relation to delegated legislation?


  It serves as an example of an Enabling Act that allows the Secretary of State to make regulations
• What happens if delegated legislation exceeds its boundaries?


  It can be challenged in court and deemed ultra vires
• What are the four types of delegated legislation?


  Statutory Instruments, Bylaws, Orders in Council, Welsh Assembly Orders and Measures
• Who typically creates Statutory Instruments?


  The Secretary of State for a government department
• What is the role of Bylaws?


  They are created by local authorities and apply to specific areas
• What is the purpose of Orders in Council?


  To create laws that are countrywide and concern a wide range of matters
• What is the significance of the Privy Council in the context of Orders in Council?


  It issues laws with the advice of His Majesty’s Privy Council
• How does the Welsh Assembly's power to make Orders differ from that of Parliament?


  It is limited to specific matters like health and education
• What is the role of Parliament in controlling delegated legislation?


  Parliament exercises control before the delegated legislation exists
• What is the Negative Resolution Procedure in the context of delegated legislation?


  It allows statutory instruments to become law automatically if not challenged within 40 days
• What is the Affirmative Resolution Procedure?


  It requires statutory instruments to be formally approved by Parliament
• What is the purpose of publishing statutory instruments?


  To ensure transparency and allow for scrutiny
• What is the role of Scrutiny Committees in controlling delegated legislation?


  They consider bills that delegate powers and report findings to Parliament
• What is judicial review in the context of delegated legislation?


  It is the process by which judges review the legality of delegated legislation
• What are the two types of ultra vires found in judicial review?


  Substantive and Procedural ultra vires
• What was the outcome of the Strictland v Hayes case?


  A bylaw prohibiting obscene songs was held to be substantively ultra vires
• What was the significance of the Aylesbury Mushroom case?


  The Minister's failure to consult the Mushroom Growers’ Association made the order procedurally ultra vires
• What does it mean if delegated legislation is held to be intra vires?


  It means the legislation is within its powers
• Why is it difficult to limit delegated legislation?


  Because Parliament often gives away wide powers