Delegated Legislation

Cards (13)

Delegated legislation? 
laws made by someone other than government, powers delegated
By Laws? 
Made by local councils/authority , speed limits
Orders in council? 
government and privvy council, in emergency, transferring powers/responsibility
Misuse of Drugs Act 1971
Statutory Instrument? 
Made by government ministers - department of transport
Enabling Act? 
framework of what the new law needs to do
Delegated Powers Scrutiny committee? 
ensures power isn't delegated incorrectly, sits in house of lords
Affirmative resolution? 
Some laws have to be approved by parliament
Negative resolution? 
If parliament doesn't reject within forty days will become law
Scrutiny committee? 
A final check, ensure there is no areas that need checking, can't make change only advise
How does parliament control delegated legislation?
enabling act, scrutiny committee, delegated powers, negative resolution affirmative resolution
How does courts control?
Ultra Vires- beyond power
Ayelsbury mushroom? 
beyond powers- didn't consult with people it impacted
R v Secretary of State? 
teachers pay- beyond power financial reason