ministerial regulations (Statutory instruments)

• who make statutory instruments?

  Government ministers, they issue the statutory instruments in the form of a mini act of parliament
• What is an example of a statutory instrument?

  The police and criminal evidence act 1984 - it gave the minister for justice the power to issue codes of practice with regards to the police's powers to stop and search and other things
• what are two main controls of delegated legislation?

  Parliament and the Courts
• what are the 4 examples of parliamentry controls for deligated legislation?

  Checks on the enabling act

  Requesting for the DL to be " laid before parliament "

  Scrutinee commitees

  Consultations
• What is meant by checks on the enabling act by the parliament for deligated legislations?

  It could mean repealing the enabling act, revoking the delegated power- or even varying the power
• What does it mean for the deligated legislation to be "laid before parliament" ?

  It usually means where the deligated legislation is presented for Parliament's information - it allows 40 days for questioning and debate, but not for voting
• What happens during the 40-day period when the deligated legislation is laid before parliament?

  Parliament can question the Minister and debate the law they created, but not vote on it. Should the parliament not reject it, the deligated legislation will become law
• What is meant by a negative resolution in terms of parliamentry regulation of a deligated legislation?

  A process where the DL becomes law automatically after 40 days unless parliament rejects it
• what is meant by affirmative resolution in terms of parliamentry regulation of a deligated legislation?

  A requirement that parliament must vote on the DL before it becomes law- it is specified in the enabling act of a specific DL
• what is the purpose of a scrutiny commitee in terms of parliamentry regulation of a DL?

  These commitees have been set up by parliament to keep under review all delegated legislation and report to parliament on their findings- the joint committee on SIs was created in 1974, which reports to bouth houses of parliament
• how does consultation allow parliament to control a DL?

  Parliament can require, within an enabling act, that the delegated body to consult with, or submit a draft instrument for approval to, experts, both within and outside of their departments.
• through which court do judges have power over DLs?

  The Bench division of the high court
• What can the courts declare the excercise of the powers of a DL to be?

  They can declare the excercise of the power under the ultra vires rule
• What does it mean if a public body has acted ultra vires?

  The public body has exceeded, abused, or acted totally unreasonably in excercising the law making powers granted to them by the enabling act
• what happens if the DL is ultra vires?

  The DL is void and ceases to exist; the delegated body must redraft the law.
• when can the ultra vires status of a DL be questioned?

  The Bench division of the High court is dependent on an individual seeking judicial review, and bringing the matter before them. Additionally, only people impacted by the DL are entitled to bring a judicial review action.
• what are the two grounds upon which the courts can declare a DL to be void?

  procedural ground

  Substansive ground
• What does it mean if the courts declare a DL to be void due to procedural ground?

  here the delegated legislation is invalid because the Minister has failedto follow the procedure laid down in the enabling Act, for example he has not consulted with a specified advisory body.
• What is an example of a DL to be made voic due to the procedural ground?

  The aylesbury mushroom case - the Minister of Labour failed to consult with the mushroom Growers Association.
• what does it mean if the courts declare a DL to be void due to the substansive ground?

  here the delegated body has made law not authorised by theenabling Act (excess of power) or made law not intended by the Act (abuse of power) or has acted irrationally or unreasonably.
• WHat is an example of a DL being made void due to the substansive ground?

  (Rodgers) v Swindon NHS Trust where a womanwas refused Herceptin for breast cancer eventhough the drug was provided for some patientsin the same area.
• why is the scrutiny of DLs so limited?

  Because of the high number of DLs passed every year
• What is a limit of those scrutinizing DLs?

  They may lack the necessary expertise and technical knowledge needed to determine if the DL was validly made
• what limitation does the scrutiny committee face in controlling DLs?

  It has limited powers in that it can only make reccomendations to parliament which the parliament may not even take on
• How does the secondary legislation scrutiny comittee provide some effective control of DLs?


  They are able to check a number of statutory instruments
• who can challenge a DL and/or a decision regarding it?

  A person impacted by the DL or decision
• what is a challenge faced by people challenging a DL?

  The public body or govt department likely has more resources than the individual (s) who are making the challenge