Delegated Legislation

    Cards (13)

    • What does delegating mean?
      Parliament passing powers downwards for organizations and bodies that need to pass their own laws
    • What are orders in council?
      • They are made in emergencies such as foot&mouth crisis to stop spread of disease and to amend cannabis laws in 2003 from class B to C and then back 5 years later
      • Allows gov to make laws without going through parliament
      • Emergency Powers Act 1920
    • What are Statutory Instruments?
      • Rules and regulations made by gov ministers under the Enabling Act.
      • E.g.: Building Regulations 2010 and Police Codes of Practice in relation to stop and search.
      • These will always relate to the department they are made by.
      • Enabling Act gives permission and guidance on how to write and process new legislation.
    • What are by-laws?
      • Local authorities, which are granted powers through the Enabling Act, cover matters in their own area.
      • County - affects the whole county
      • Town Council - affects town or district
      • E.g.: Speed Limits, British Airport and railways can enforce laws on smoking and public behaviour
    • What are the reasons for delegating?
      1. Saves parliament time
      2. Local knowledge
      3. Emergencies
    • What does the Enabling Act do?
      • Sets out which department can write laws and the types
      • Sets out limits businesses and corporations must follow
      • Allows powers to be repelled at any time if rules and limitations not followed
    • How is delegated legislation kept in check?
      Various committees exist to scrutinize existing DL such as Scrutiny Comittee for SI
      WiIl draw attention to any that need further considerations such as ones who impose tax or charge, have gone beyond powers, are unclear and defective
      Also measures such as affirmative and negative resolutions
    • What do affirmative resolutions do?

      Some statutory instruments need to be approved by Parliament to enter in function
      Parliament can only approve or deny, not modify
    • What do negative resolutions do?
      • Allow all other SI to become law unless rejected in 40 days
      • Very few of these will be looked at
    • What is Ultra Vires?

      Going beyond powers given in the Enabling Act
    • Types of Ultra Vires:
      1. Substantive: DL declared void if went beyond powers
      2. Procedural: DL challenged if procedure not followed when it was passed
      3. Unreasonable: DL void when considered unreasonable
    • What are the advantages of delegated legislation?
      • Impossible for Parliament to have knowledge or expertise on areas, therefore useful to allow local council to make them
      • Enabling Act ensures that Dl can be withdrawn and regulated. Upholds Parliamentary Supremacy
      • Quicker to make and amend laws. Helps them be more responsive to important changes they may need to make
      • Experts create DL. Will be better written and have less problems as impossible for Parliament to have comprehensive knowledge on all areas and aspects.
    • What are the disadvantages of Delegated Legislation?
      • Many Si not checked unless affirmative resoltuions, hard to keep track of all DL, negative resolutions mean less are checked
      • Hard for public to keep up with all DL which may cause confusion
      • Insufficient time to scrutinised each law passed. Laxk od expertise and technical accuracy