220.127.116.11 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.
18.104.22.168.1 E.g. Colonel Gadaffi's assets were frozen in 15
minutes (order made at 5pm and came into
force at 5:15pm)
1.1.2 Statutory Instruments
22.214.171.124 Consists of Government
ministers and their
departments. Over 3000 are
passed each year. They can be
long or short.
126.96.36.199.1 E.g. The change to minimum
188.8.131.52 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
184.108.40.206.1 Eg. No spitting/littering/dog fouling in the streets
2 The Legislative and Regulatory Reform Act 2006
2.1 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)
3 Why is it needed?
3.1 Parliament does not
have the time. They look
at the wider picture.
3.2 Parliament does not have the
3.3 Acts of Parliament take a long time to be passed. It
is an easier method to amend legislation.
3.4 Delegated legislation is much more
flexible than primary legislation.
4.1 By Parliament
4.1.1 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.
4.1.2 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.
4.1.3 Some Statutory Instruments are subject to an
Affirmative Resolution. It will not become law unless
specifically approved by Parliament.
4.1.4 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]
4.1.5 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
4.1.6 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
4.2 By the courts
4.2.1 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
4.2.2 Ultra Vires = Void and
220.127.116.11 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
18.104.22.168.1 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.
22.214.171.124.1.1 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..
5.1.1 It's very quick
5.1.2 It allows Parliament to
focus on larger issues.
5.1.3 It is made by appropriate people with technical
5.2.1 There is too much
sub-delegation. It is
sometimes made by civil
5.2.2 The powers are too wide.
5.2.3 There is a lack of publicity.
5.2.4 It is undemocratic -
5.2.5 There is a large volume of delegated legislation.