OCR A-Level Law: Delegated legislation

What is delegated legislation?

Delegated legislation is a law made by someone other then parliament, but with the authority of an act of parliament it is sometimes referred to as secondary legislation.

What are the types of delegated legislation?

Types of delegated legislation include:

orders in council, by-laws and statutory instruments.

Why may the parliament pass on responsibility?

Parliament may pass on the responsibility due to local needs, cost and time management and specialist knowledge.

What is the enabling act?

The act that gives the authority to create law is found in the enabling act.

How many orders are made in council?

300-400 orders in counsel are made per year.

Who makes orders in council?

The privy council and queen makes orders in Council.

What are orders in council used for?

Order in council are used in emergencies, to transfer responsibilities between government department, to bring statutes into force and make law in times of emergency and when parliament is not sitting.

Examples of orders in council?

Examples of Orders in council is:

the Misuse of Drugs Act 1971
Police and Criminal Evidence act.

Who makes bylaws?

Local authorities or large bodies authorised to do so make bylaws.

Who do bylaws apply for?

By-laws apply to those who are using that local place.

Examples of Bylaws?

Examples of bylaws are;

the local government act 1972

the smoking ban on the London underground.

How many bylaws are made a year?

Several thousand by-laws are made a year.

Who makes statutory instruments?

Government departments and ministers make statutory instruments.

How many statutory instruments are made a year?

3000 statutory instruments are made each year.

How do statutory instruments apply?

Statutory instruments apply nationally, but can only be made for the area of responsibility.

What do statutory instruments do?

statutory instruments can implement an act of parliament, can update an act of parliament and can provide detail for an act of parliament.

Example of statutory instrument?

An example of statutory instuments is
Mining regulations (2014).

How many acts can parliament make a year?

Parliament make 25 acts a year

What are the reasons for delegated legislation?

Reasons for delegated legislation are time, expertise, detail, local knowledge and consultation.

What are the parliamentary controls of delegated legislation?

Parliamentary controls of delegated legislation are the enabling act, negative resolutions, affirmative resolutions, questioning the government minister, scrutiny committee, consultation and publication.

What does the enabling act do within delegated legislation?

The enabling act sets out the limits within which any delegated legislation must be made and specifies what the minister needs to make the legislation.

What does negative resolutions mean within delegated legislation?

Negative resolutions means that the relevant statutory instrument will be law unless rejected by parliament within 40 days.

What are affirmative resolutions?

Affirmative resolutions are when statutory instruments can not become law without being specifically approved by parliament

How do you know what resolution to use?

You know which resolution to use as the enabling act sets out which resolution it will be.

What might government ministers be questioned on?

Government Ministers may be questioned on the work of their department.

What does the scrutiny committee apply to?

The Scrutiny Committee only applies to statutory instruments and they check technicalities. They review the statutory instruments and draw attention to what needs more consideration then refer back to parliament. They can refer it back for certain reasons but they are unable to amend statutory instruments.

What are the reasons scrutiny committee may refer a statutory instrument?

Reasons the scrutiny committee may refer a statutory instrument back to parliment if it imposes tax or charge, has a retrospective effect which was not provided for, it has gone beyond the powers given, unusual or unexpected use of power, or if it is unclear or defective.

What is a consultation?

Consultation is when experts are consulted within the relevant field. For example the police may be asked for advice before creating motoring rules.

What does publication mean?

Publication means that all delegated legislation must be published to be available for public scrutiny.

What happens when something is controlled by the courts?

Control by the courts is taken through judicial review where the validity of a parent act cannot be challenged but the legislation that has been delegated can be challenged if the procedure has not been followed or that a body has acted ultra vires.

What does ultra vires mean?

Ultra vires means to go beyond the power or authority granted.

What are the two types of ultra vires?

The two types of ultra vires are procedural ultra vires and substantive ultra vires.

What are procedural ultra vires?

Procedural ultra vires are where the correct procedure has not been followed.

What is substantive ultra vires?

Substantive Ultra Vires is where the body has gone beyond the powers granted.

What is an example of a procedural ultra vires case?

A procedural Ultra Vires case is the Agricultural Training Board v Aylesbury Mushrooms (1972) where they didn't consult the mushroom growers.

What is an example of a substantive ultra vires case?

A Substantive Ultra Vires case is AG v Fulham Corp (1921) where the Baths and wash-house Acts, imposed charges for the poor.