delegated legislation

• What is the definition of delegated legislation?

  A source of UK law made by bodies other than Parliament
• Why does Parliament delegate law-making power?

  To allow specialized bodies to create laws
• What is an Enabling Act?

  A normal Act that delegates power
• What must the Secretary of State do before making regulations under the Road Traffic Act 1988?

  Consult with representative organizations
• What happens if delegated legislation exceeds its boundaries?

  It can be challenged in court as ultra vires
• Why is delegated legislation not protected by Parliamentary Sovereignty?

  It can be challenged in court unlike primary legislation
• What are some examples of areas affected by delegated legislation?

  Road safety regulations and safety laws for industry
• Why do we need delegated legislation for complex laws?

  They require specific expertise to create
• How does local knowledge justify the need for delegated legislation?

  Local authorities can address specific local issues
• Why is time a factor in the need for delegated legislation?

  Parliament may need laws quickly due to busyness
• How does delegated legislation provide flexibility?

  It can be quickly enacted and revoked if needed
• What are the four types of delegated legislation?

  • Statutory Instruments
  • Bylaws
  • Orders in Council
  • Welsh Assembly Orders and Measures
• How many statutory instruments are passed each year?

  Approximately 2000 statutory instruments
• Who makes statutory instruments?

  Secretary of State for a government department
• Where do statutory instruments apply?

  Countrywide and affect many aspects of life
• What is an example of a statutory instrument?

  Road Vehicles (Construction and Use) Regulations 2003
• What is a bylaw?

  A law created by statutory bodies
• Who can create bylaws?

  Statutory bodies like local authorities
• What is the role of public corporations in creating bylaws?

  They can enforce rules on their premises
• What is an Order in Council?

  A law issued by His Majesty’s Privy Council
• What is the process for Orders in Council?

  Approved by the Monarch after advice from the Privy Council
• What are two Enabling Acts for Orders in Council?

  Emergency Powers Act 1920 and Civil Contingencies Act 2004
• What was a significant event that led to the use of Orders in Council?

  The fuel crisis in 2000
• What was done during the Foot and Mouth outbreak in 2001?

  The army was given power to cull animals
• What are the controls over delegated legislation operated by Parliament and the Courts?

  • Parliament controls before DL exists
  • Courts control after DL exists
  • Different controls for each type of DL
• What is the role of Parliament in controlling delegated legislation?

  Parliament has limited powers to intervene
• What is the role of the Courts in controlling delegated legislation?

  The Courts exercise control after DL exists
• What are some methods of parliamentary control over delegated legislation?

  Wording of Enabling Act and scrutiny committees
• What is judicial review in the context of delegated legislation?

  A court's ability to review the legality of DL
• What are the advantages and disadvantages of delegated legislation?

  Advantages:

  • Expertise in specific areas
  • Quick response to needs
  • Flexibility in law-making

  
  

  Disadvantages:

  • Lack of democratic scrutiny
  • Potential for abuse of power
  • Limited public awareness
• What are the two bodies responsible for controlling delegated legislation?

  Parliament and Courts
• How does Parliament exercise control over delegated legislation?

  Before the delegated legislation exists
• How do the Courts exercise control over delegated legislation?

  After the delegated legislation exists
• What are the different controls available for each type of delegated legislation?

  • Wording of Enabling/Parent Act
  • Laying before Parliament
  • Publishing
  • Scrutiny Committees
  • Consultation requirement
  • Judicial review
• What is the first control method used by Parliament over delegated legislation?

  Wording of Enabling Act
• What does the Wording of the Enabling Act set boundaries for?

  Who can make delegated legislation
• What is the Negative Resolution Procedure in Parliament?

  SI becomes law if unchallenged in 40 days
• What is the Affirmative Resolution Procedure?

  SI must be formally approved by Parliament
• What is the Super Affirmative Resolution Procedure?

  Both Houses can comment and recommend amendments
• What happens to a bylaw after it is created?

  It is sent to a Secretary of State