Flashcards in Delegated Legislation Deck (19)
What is the parent act also known as?
- The enabling act.
What are the three types of delegated legislation?
- Orders in council.
- Statutory instruments.
What are orders in council?
- Queen and the Privy council make orders.
- Allows making of legislation without going through the parliament.
- They can amend or update existing laws.
What is a statutory instrument?
- Rules and regulations made by government ministers.
- 3000 brought into force each year.
What are bylaws?
- Made by local authorities within the area.
- Can be made by certain companies for matters within jurisdiction.
What are the controls by parliament?
- The enabling act.
- Scrutiny committee.
- Laying before parliament (resolutions).
- Questions by members of the parliament.
What is the enabling act?
- Gives parliament initial control over delegated powers.
- Sets out limits to these powers.
- Can be repealed by government therefore allows to retain control.
What is the scrutiny committee?
- Reviews all statutory instruments.
- Reports any issues.
- Has no power to alter or stop statutory instrument from becoming a law but, can draw attention from the parliament to the issues.
What is laying before the parliament - resolutions?
- Affirmative resolutions means statutory instrument will not become a law unless agreed to by the parliament.
- Negative resolution means statutory instrument will become a law unless rejected by parliament within 40 days.
What are questions by members of the parliament?
- Individual ministers can be questioned on the work in their departments and proposed or current delegated legislation.
What is an issue with affirmative and negative resolutions?
- Parliament can't amend the statutory instrument in affirmative resolutions therefore it can only be approved, annulled or withdrawn.
- Few statutory instruments are checked in the negative resolution as there are too many for them all to be checked.
Effectiveness of parliamentary controls?
- A lot of delegated legislation so not all of it can be given proper scrutiny.
- Difficult to remove once it has come into force.
- Can be complex and difficult to understand for those scrutinizing it.
- Scrutiny committee can only make recommendations as they have no power themselves.
What are the court controls?
- Person who is standing.
- Challenged on grounds of judicial review if it is ruled ultra virus.
What does it mean when the person is standing?
- Delegated legislation can be challenged by a person who has sufficient interest or standing in the case.
What are the controls of ultra virus?
- Goes beyond the powers which the parliament set out in the enabling act.
- Ruled ultra virus and therefore it is void.
- Ruled ultra virus because correct procedure has not been followed.
- Ruled ultra virus because it is unreasonable.
Effectiveness of judicial control?
- Person must have standing therefore they must be affected by the delegated legislation in order to challenge it.
- They will not have equal funding.
Reasons for delegated legislation?
- Detailed law as parliament has not got the time to deal with all detail therefore this is delegated to another body.
- Expert knowledge which the parliament may not have.
- Local knowledge which is essential for bylaws.
- Consultation of interested parties in order for the law not to be ruled ultra virus.
Advantages of delegated legislation?
- Saves parliamentary time.
- Technical expertise.
- Allows consultation.
- Quick law making.
- Easily amended.