Delegated legislation

• What is delegated legislation?

  Law made by some body other than Parliament, but with the authority of Parliament
• What are the three types of delegated legislation?

  Orders in Council

  Statutory instruments

  By-laws
• What are Statutory instruments?

  Rules and regulations made by government ministers
• What are laws made by secondary bodies sometimes known as?

  Secondary legislation
• How does Parliament delegate its power to a secondary body?

  Act of Parliament passed giving secondary body the power to carry out tasks
• What are the Acts giving secondary bodies the power to carry out tasks known as?

  Parent Acts or Enabling Acts
• What are Parent Acts/Enabling Acts regarded as?

  Primary legislation
• What is the secondary body for Orders in Council?

  Privy Council
• What is the secondary body for Statutory Instruments?

  Government Ministers
• What is the secondary body for By-laws?

  Local authorities
• What is an example of Orders in Council?

  Constitutional Reform Act 2005
• What is an example of Statutory Instruments?

  Criminal Evidence Act 1984
• What is an example of By-laws?

  No ball games
• Where does Parliament's first attempt to control delegated legislation come from?

  Drafting of the Parent Act
• What should the drafting of the Parent Act be?

  Clear, unambiguous and give 'what' and 'how' instructions
• In what areas can Parliament insist the draft delegated legislation is subject to Parliamentary scrutiny before coming into force?

  Controversial Areas
• Where is there a Delegated Powers Scrutiny Committee?

  In the House of Lords
• What is the role of Delegated Powers Scrutiny Committee?

  Consider whether provisions of Bills going through Parliament delegate legislative power inappropriately
• What is the role of the Joint Scrutiny Committee?

  Scrutinise Statutory Instruments
• What is included in the Parent Act before it comes into force?

  Affirmative Resolution Order
• Delegated legislation is designed to save parliamentary time
• What do judicial controls require a party affected by the delegated legislation to do?

  Apply to the King's Bench Division of the High Court for a judicial review
• What can a judicial review of delegated legislation find it to be?

  Ultra vires - void
• What is Ultra Vires?

  Goes beyond powers Parliament granted in Parent Act; not valid law
• What are the two types of Ultra Vires?

  Procedural Ultra Vires

  Substantive Ultra Vires
• What is Procedural Ultra Vires?

  Secondary body exceeded powers and failed to follow procedural instructions in Parent Act
• What is Substantive Ultra Vires?

  Secondary body gone beyond powers granted it and made more regulation than permitted
• What is a case for Procedural Ultra Vires?

  Agricultural Training Board
• What is a case for Substantive Ultra Vires?

  Secretary of State for Health
• According to Wednesbury Corporation what can a judicial review conclude?

  Delegated legislation without legal effect because it's 'outrageous in its defiance of logic'
• What are advantages of delegated legislation?

  Saves parliamentary time

  Laws made quickly to respond to emergencies

  Parliament focus on producing Parent Acts

  Local people experts in local issues

  Fast way of implementing directives from EU

  Ministers making law contradiction of doctrine of the separation of powers
• What are disadvantages of delegated legislation?

  Lacks publicity

  Parliamentary controls not always effective

  Danger of sub-delegation

  Doctrine of parliamentary sovereignty eroded

  Undemocratic

  Judge cannot exercise control over delegated legislation without member of public taking action

  Considered 'constitutionally objectionable' (EU Act 2018)