delegated legislation

• What are the three types of delegated legislation?

  Orders in council, statutory instruments, by-laws
• Who makes orders in council?

  Privy council and the king
• What does an order in council allow the government to do?

  Make laws without going through parliament
• What is the Civil Contingencies Act 2004?

  It allows the privy council to make laws in emergencies
• Who creates statutory instruments?

  Government ministers and departments
• What is the purpose of statutory instruments?

  To make regulations for specific areas of responsibility
• What can statutory instruments vary in?

  Length, being short or long
• What do the codes of practice under the Police and Criminal Evidence Act 1984 contain?

  A lot of detail regarding police procedures
• Who makes by-laws?

  Local authorities or public corporations
• What are some examples of matters covered by by-laws?

  Traffic control and drinking in public
• What can public corporations enforce through by-laws?

  Behavioral expectations, such as on railways
• How does parliament control delegated legislation?

  Through enabling acts and scrutiny committees
• What is the role of enabling acts in delegated legislation?

  They limit certain powers of delegated legislation
• What is the purpose of the delegated powers scrutiny committee?

  To review and scrutinize delegated legislation
• What are affirmative or negative resolutions?

  Methods for parliament to approve or reject legislation
• How can ministers be questioned regarding delegated legislation?

  Through parliamentary questioning sessions
• What is the joint select committee on statutory instruments?

  A committee that reviews statutory instruments
• What are super-affirmative resolutions?

  Enhanced procedures for scrutinizing certain legislation
• How do courts control delegated legislation using ultra vires?

  By declaring it beyond powers or improperly made
• What is substantive ultra vires?

  When legislation is beyond allowed powers
• What is procedural ultra vires?

  When legislation isn't made in the correct way
• What does Wednesbury unreasonableness refer to?

  Legislation that is unworkable in practice
• What are the advantages of delegated legislation?

  • Saves parliamentary time
  • Utilizes expert or local knowledge
  • Allows for consultation
  • Relatively quick to make
  • Easy to amend
• What are the disadvantages of delegated legislation?

  • Undemocratic
  • Sub-delegation of authority
  • Lack of publicity
  • Difficult to interpret
• Why is delegated legislation needed?

  • Allows detailed regulations
  • Utilizes specialized knowledge
  • Benefits from consultation before regulations
• What is delegated legislation?

  Law made by a body other than parliament
• What are the 3 ways legislation is delegated?

  • Orders in council
  • Statutory instruments
  • By-laws
• What are the main purposes of orders in council?

  1. Transfer responsibility between departments
  2. Bring acts of parliament into force
  3. Give legal effect to European directives
• What are statutory instruments?

  Rules made by government ministers
• What are by-laws?

  Rules made by local authorities or corporations
• Give 3 examples of statutory instruments and by-laws.

  Statutory Instruments:

  • Building regulations 2010
  • Police codes of practice under PACE 1984
  • Social security regulations 2024

  
  

  By-Laws:

  • Parking restrictions
  • Ban from drinking in public spaces
  • Airport rules on behaviour
• Which two bodies control the scope of delegated legislation?

  Parliamentary and Judicial bodies
• What do enabling acts do in relation to delegated legislation?

  Limit powers and ensure intra vires
• What is the role of the scrutiny committee in the House of Lords?

  Consider inappropriate delegation of legislative power
• How does parliament control statutory instruments?

  Through the negative resolution procedure
• What is Ultra vires in relation to delegated legislation?

  Challenge if considered substantive or procedural Uv
• What are 3 disadvantages of delegated legislation?

  1. Lack of democratic accountability
  2. Sub-delegation issues
  3. Difficulty in accessing and understanding
• What are 4 advantages of delegated legislation?

  1. Saves time for parliament
  2. Access to technical expertise
  3. Easily amendable
  4. Allows for adequate checks and consultation
• Describe statutory instruments as a form of delegated legislation.

  • Regulations made by government ministers
  • Authorized by parliament through statute legislation
  • Have same legal binding as acts of parliament
  • Subject to scrutiny and can be challenged
• What is the case name and date for LNER v Berriman?

  London and North Eastern Railway v Berriman [1946] AC 278