exam style questions delegated leg

• What is delegated legislation?

  Delegated legislation refers to laws made by a body or authority other than Parliament, but with its authority.
• Name three types of delegated legislation.

  Statutory Instruments, By-laws, Orders in Council.
• What are statutory instruments (SIs)?

  Rules, regulations, and orders made by government ministers under powers given by an Act of Parliament.
• What is the purpose of by-laws?

  By-laws are laws made by local authorities or corporations to regulate behavior within their area of responsibility.
• What are Orders in Council?

  Orders in Council are laws made by the Queen and Privy Council, often used in emergencies or when Parliament is not sitting.
• What is the enabling Act?

  The enabling Act is the primary legislation that grants powers to an individual or body to create delegated legislation.
• Give one advantage of delegated legislation.

  It saves parliamentary time by allowing technical or detailed laws to be made by experts.
• Give one disadvantage of delegated legislation.

  It can lack transparency and democratic accountability, as it’s made by unelected bodies.
• How does the negative resolution procedure work?

  A statutory instrument automatically becomes law unless rejected by Parliament within a set period, usually 40 days.
• What is the affirmative resolution procedure?

  A statutory instrument must be explicitly approved by Parliament before it becomes law.
• What is ultra vires in the context of delegated legislation?

  Ultra vires refers to when delegated legislation exceeds the powers granted by the enabling Act and is declared invalid.
• Explain the difference between substantive and procedural ultra vires.

  Substantive ultra vires occurs when the content exceeds authority; procedural ultra vires happens when proper procedure is not followed.
• What role does the judiciary play in controlling delegated legislation?

  The judiciary can review delegated legislation and declare it invalid if it is ultra vires or unreasonable.
• What is parliamentary control of delegated legislation?

  Parliament oversees delegated legislation through mechanisms like affirmative/negative resolutions, committees, and scrutiny by MPs or Lords.
• What is the Joint Committee on Statutory Instruments?

  The Joint Committee on Statutory Instruments is a parliamentary committee that reviews statutory instruments to ensure they comply with the law and do not exceed their powers.
• What is the Legislative and Regulatory Reform Act 2006?

  The Legislative and Regulatory Reform Act 2006 allows ministers to make statutory instruments to remove or reduce burdens in existing legislation.
• How can individuals challenge delegated legislation?

  Individuals can challenge it through judicial review, arguing it is ultra vires.
• What is procedural fairness in relation to delegated legislation?

  Procedural fairness requires that the correct procedures, as set out in the enabling Act, are followed when making delegated legislation.
• What is the role of consultation in the creation of delegated legislation?

  Consultation may be required by the enabling Act or as good practice to gather input from interested parties before delegated legislation is made.
• What is the advantage of flexibility in delegated legislation?

  Delegated legislation can be updated or amended more easily than primary legislation, allowing it to respond quickly to changes.