Delegated Legislation Trivia Quiz

Answer: Statutory

Orders in Council are made by the Queen and the Privy Council and do not need to go through parliament. Statutory Instruments are made by Government ministers and by-laws are made by local councils.

Answer: UN Sanctions Order 1990

Orders in Council are used to give effect to EU directives and for emergencies. An example of an Order in Council is the UN Sanctions Order 1990. Statutory Instruments effect the area that the minister is responsible for. For example, the transport minister created the Road Traffic Act 1972 and the Road Vehicle Regulations 2003, which prohibited the use of mobile phones whilst driving. By-laws effect the area that the council is responsible for, for instance the prohibition of ball games in a local residential area. We see, and are aware of, by-laws every day.

Answer: An Enabling Act

An Enabling Act can also be referred to as a Parent Act and is what delegates powers to other bodies. There are three main points to remember when considering how delegated legislation is made. The first is that an enabling act is created. Secondly, this makes the framework for the law and finally, power is delegated to others to fill in the detail.

Answer: Negative Resolution

Negative Resolution is a parliamentary control which means that the delegated legislation will become law unless specifically rejected by parliament within 40 days. Affirmative resolution, on the other hand, means that the delegated legislation must go through parliament before it becomes law, for example PACE.

Answer: published

All Statutory Instruments must be published according to the Statutory Instruments Act 1946. Other acts which act as parliamentary controls include the Enabling Act itself, which will set out limitations and the Legislative and Regulatory Reform Act 2006. This states that the person making the act must consult with effected parties and, if necessary, the law commission.

Answer: Delegated Powers Scrutiny Committee

The delegated powers scrutiny committee reviews delegated powers and assesses whether the person making them is misusing their powers. They can only point out if this is the case, and have no actual power. The joint select committee on Statutory Instruments reviews Statutory Instruments and refers any technical issues to the House of Commons or the House of Lords.

It will only look at issues such as whether the legislation is unclear or defective in some way. Parliamentary supremacy means that parliament can repeal, amend or introduce any law they like and can therefore repeal the delegated legislation easily.

Answer: false

Substantive ultra vires is actually when the decision maker has gone beyond the powers given to them by the enabling act. Unless the enabling act specifically says that they can, it is automatically presumed that the decision maker does not have the right to levy takes, allow sub-delegation, or make unreasonable regulations.

A case example for substantive ultra vires is Strictland v Hayes Borough Council.

Answer: The Aylesbury Mushroom Case

Procedural ultra vires is when the decision maker has failed to follow the correct procedures set out in the enabling act. For example, if they have missed out the consultation stage, as in the Aylesbury Mushroom Case. Procedural ultra vires may also happen if there has been a 'breach of natural justice', such as the decision maker not being impartial.

Answer: Time Saving

Delegated legislation means that more time is saved in emergency situations as it doesn't need to go through the lengthy legislative process. It enables people with specialist knowledge to make the law. For instance, by-laws are made by people who know the area and understand the needs of the people living there.

It is also democratic in some respects because the MPs who create statutory instruments and local councils who create by-laws are elected. There are also parliamentary controls such as negative and affirmative resolution and by-laws must be approved by the relevant minister.

Answer: yes

The Queen is not democratically elected, and she makes Orders in Council, while Statutory Instruments are drafted by civil servants (which shows that sub-delegation is also a possible disadvantage). Also, not all delegated legislation has to go through, and be checked by, parliament.

There is also a lack of publicity in relation to delegated legislation as they aren't debated in parliament and therefore have less opportunity for press coverage. In addition, the controls that are in place are not sufficiently effective as many of them, such as the Delegated Powers Scrutiny Committee, have little power.