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
• How many statutory instruments are made approximately each year?


  About 2000 statutory instruments
• What is the role of bylaws?


  Bylaws are created by local authorities and statutory bodies 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 Emergency Powers Act 1920 and the Civil Contingencies Act 2004?


  They allow the Privy Council to create laws without Parliamentary involvement
• What is the process of judicial review in relation to delegated legislation?


  Judges review the powers to create delegated legislation and determine if they have been followed
• What are the two types of ultra vires found in judicial review?


  Substantive ultra vires and procedural ultra vires
• What was the outcome of the case Strictland v Hayes [1896]?


  A bylaw prohibiting obscene songs was held to be substantively ultra vires
• What was the significance of the Aylesbury Mushroom [1972] case?


  The Minister's failure to consult the Mushroom Growers’ Association made the order procedurally ultra vires
• What are the advantages and disadvantages of delegated legislation?


  Advantages:

  • Expertise in specific areas
  • Quick response to urgent needs
  • Flexibility and adaptability

  
  

  Disadvantages:

  • Lack of parliamentary scrutiny
  • Potential for abuse of power
  • Limited public awareness
• How do Parliament and the Courts control delegated legislation?


  Parliament:

  • Sets boundaries through Enabling Acts
  • Approves or disapproves through scrutiny

  
  

  Courts:

  • Conduct judicial reviews
  • Determine if legislation is ultra vires
• What are the potential exam questions related to delegated legislation?


  1. Explain three types of delegated legislation. [5]
  2. Explain the need for delegated legislation. [5]
  3. Explain the advantages and disadvantages of delegated legislation. [5]
  4. Describe the controls over delegated legislation operated by Parliament and the Courts. [5]
  5. Discuss the effectiveness of the controls exercised over delegated legislation. [5]
• What is the role of the Delegated Powers and Regulatory Reform Committee?


  • Considers all Bills that delegate powers
  • Reports findings to the House of Lords
  • Does not have the power to amend Bills
• What is the significance of the Statutory Instruments Act 1946?


  • Requires statutory instruments to be published
  • Ensures transparency and accessibility
  • Facilitates parliamentary scrutiny