Controls of Delegated Legislation

HideShow resource information
  • Created by: bananaaar
  • Created on: 24-10-13 10:59
What does a Parent Act do?
Lays down nature and scope (framework. Lays out boundaries. States if changes must be publicised. States which Gov. Minister can make the law. Sets down procedure to be followed.
1 of 13
What is negative resolution?
If a Minister recommends it should be used it will be used unless within 30 days one House asks for Super-Affirmative Resolution. It will then become law when it has been laid before parliament for 40 days.
2 of 13
What is affirmative resolution?
Requires both houses to approve the order. Police cases such as the Criminal Evidence Act 1984 require this.
3 of 13
What is super-affirmative resolution?
Gives parliament more control under the Legislative and Regulatory Reform Act 2006. Gives ministers wide powers to amend Acts. Must be laid before parliament.
4 of 13
What are the two scrutiny committees?
Joint Committee on Statutory Instruments and the House of Lords Delegated Powers Scrutiny Committee.
5 of 13
What does the Joint Committee on Statutory Instruments do?
watches over making of delegated legislation and reports to house on any delegated legislation that requires extra consideration. Usually for regulations that are unusual or make unexpected use of powers granted, eg impose a tax. Can ONLY report back
6 of 13
What does the House of Lords Delegated Powers Scrutiny Committee do?
Looks at extent legislative powers being delegated by Parliament to Government Ministers. Can report on whether the power is appropriate or not.
7 of 13
What does ultra vires mean?
beyond the power.
8 of 13
What are procedural ultra vires?
Where procedures laid out in Parent Act have not been followed propoerly. Eg Agricultural Training Board v Aylesbury Mushrooms Ltd 1972 was ultra vires as they failed to consult with mushroom growers.
9 of 13
what are substantial ultra vires?
The piece of delegated legislation goes beyond powers laid down in parent act. eg, Commissioners of Custom and Excise v Cure and Deeley Ltd 1962 - finance act gave Customs and Excise power to make any law they wanted. Considered wrong.
10 of 13
What are unreasonable Ultra Vires?
Where rules are unjust or have been made in bad faith (like someone making a finance law in their own benefit). Eg Strickland v Hayes Borough Council 1896 was a byelaw that banned singing in public.
11 of 13
Why could there be an inconsistency with human rights?
If there is inconsistency beetween Acts of Parliament and Human Rights the Act is no longer valid as EU Law overrides UK law therefore Human Rights Acts cannot be overruled.
12 of 13
How are ultra vires decided?
By a judicial review.
13 of 13

Other cards in this set

Card 2

Front

What is negative resolution?

Back

If a Minister recommends it should be used it will be used unless within 30 days one House asks for Super-Affirmative Resolution. It will then become law when it has been laid before parliament for 40 days.

Card 3

Front

What is affirmative resolution?

Back

Preview of the front of card 3

Card 4

Front

What is super-affirmative resolution?

Back

Preview of the front of card 4

Card 5

Front

What are the two scrutiny committees?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Delegated legislation resources »