Used in emergencies and when Parliament is
not sitting (e.g. petrol crisis 2000). It is made
up of the Queen and the Privy Council. It also
incorporates European Law. It can also be
used to make other types of law such as the
Misuse of Drugs Act 1971.
E.g. Colonel Gadaffi's assets were frozen in 15
minutes (order made at 5pm and came into
force at 5:15pm)
Statutory Instruments
Consists of Government
ministers and their
departments. Over 3000 are
passed each year. They can be
long or short.
E.g. The change to minimum
wage
Byelaws
Made by local authorities to cover matters within
their own areas (many involve traffic
control/parking restrictions). They must be
advertised for 1 month. Companies such as TFL can
implement byelaws, such as 'no smoking on the
underground'
Eg. No spitting/littering/dog fouling in the streets
The Legislative and Regulatory Reform Act 2006
It is used to change an Act of Parliament. It is done by a
minister when there is a burden (financial cost/an
administrative inconvenience/an obstacle to efficiency,
productivity or profitabiity)
Why is it needed?
Parliament does not
have the time. They look
at the wider picture.
Parliament does not have the
necessary expertise.
Acts of Parliament take a long time to be passed. It
is an easier method to amend legislation.
Delegated legislation is much more
flexible than primary legislation.
Control
By Parliament
Parliament has the initial control with the Enabling Act.
It sets out the boundaries for which delegated
legislation is to be made. Parliament can repeal or
revoke the powers at any time. Parliament can even be
required to vote its approval to an Enabling Act.
A Delegated Powers Scrutiny Committee
considers whether the provisions of any
Bills delegated legislative power
inappropriately. It reports its findings to
the House of Lords.
Some Statutory Instruments are subject to an
Affirmative Resolution. It will not become law unless
specifically approved by Parliament.
Most Statutory Instruments are subject to a Negative
Resolution. It will become law unless rejected by Parliament
within 40 days. [Most common form of control]
There is a Scrutiny Committee that reviews
all Statutory Instruments and where
necessary, draws the attention of both
Houses of Parliament to points that need
further consideration. [Tends to be on
technical points. It is a more effective
check]
The Legislative and
Regulatory Reform Act
2006 - orders made under
this power have to be laid
before Parliament. The
procedures are a negative
resolution, an affirmative
resolution and a super
affirmative resolution.
By the courts
This control is exercised on the
grounds that it can be ultra vires. The
cases are heard in the Queens Bench
Division and are subject to judicial
review.
Ultra Vires = Void and
ineffective.
Procedural ultra vires: the correct
procedure has not been followed
[mainly revolves around
consultation]. E.g. Aylesbury
Mushrooms - the minister did not
consult the mushroom growers.
Another example is Boris Johnson's
Crossrail - he did not consult taxi
drivers.
Substantive ultra vires; the minister has gone beyond the powers
that Parliament granted in the Enabling Act. E.g. the proposed
closure of Lewisham Hospital.
Unreasonableness: there is no provision to make
unreasonable regulations. E.g. Strictland vs Hayes Borough
Council - stated that it was unreasonable to prohibit the
singing or reciting of any obscene song or ballad and the use
of obscene language It included acts done on private
property as well as those on public land..
A02
POINTS
Advantages
It's very quick
It allows Parliament to
focus on larger issues.
It is made by appropriate people with technical
knowledge.
Disadvantages
There is too much
sub-delegation. It is
sometimes made by civil
servants.
History GCSE AQA B: Modern World History - International Relations: Conflict and Peace in the 20th Century - Topic 2: Peacemaking 1918-19 and the League of Nations