Topic 2 Delegated legislation test Topic 2 Delegated legislation test

Topic 2 Delegated legislation test Question 1 What does Parliament pass in order to give out its power to others to make delegated legislation?

Topic 2 Delegated legislation test Answer 1 An enabling Act.

Topic 2 Delegated legislation test Question 2 Name three types of delegated legislation, state who makes them and give an example of each.

Topic 2 Delegated legislation test Answer 2 Bylaw made by a local council to ban town- centre drinking. Statutory instrument made by a government minister, e.g. legal aid. Orders in Council made by the Privy Council, e.g. emergency laws made during wartime.

Topic 2 Delegated legislation test Question 3 Name two ways Parliament tries to prevent abuse of delegated legislation before it is passed.

Topic 2 Delegated legislation test Answer 3 consultation the wording of the enabling Act

Topic 2 Delegated legislation test Question 4 Name the four controls/checks made by Parliament once delegated legislation has been passed.

Topic 2 Delegated legislation test Answer 4 The relevant government minister checks bylaws. Select committees check the statutory instruments. Important pieces of legislation are approved by the affirmative resolution procedure. Some pieces of legislation can be annulled by the negative resolution procedure.

Topic 2 Delegated legislation test Question 5 What is judicial review?

Topic 2 Delegated legislation test Answer 5 The courts are asked to check a piece of delegated legislation to make sure it is in keeping with the enabling Act.

Topic 2 Delegated legislation test Question 6 What are the two types of judicial review?

Topic 2 Delegated legislation test Answer 6 procedural ultra vires substantive ultra vires

Topic 2 Delegated legislation test Question 7 What does ‘ultra vires’ mean?

Topic 2 Delegated legislation test Answer 7 ‘Ultra vires’ is Latin for ‘beyond the power’. In this context, it means that a piece of delegated legislation goes beyond the powers granted by Parliament in the enabling Act.

Topic 2 Delegated legislation test Question 8 What happens to a piece of delegated legislation that the courts decide is ultra vires?

Topic 2 Delegated legislation test Answer 8 It will be declared void.

Topic 2 Delegated legislation test Question 9 What happened in the case of Agricultural, Horticultural and Forestry Training Board v Aylesbury Mushrooms Ltd (1972)?

Topic 2 Delegated legislation test Answer 9 The Agricultural, Horticultural and Forestry Training Board was required by the enabling Act to consult anybody who might be affected by one of its laws. It did not consult the Mushroom Growers’ Association and therefore the piece of delegated legislation was void.

Topic 2 Delegated legislation test Question 10 Name another judicial review case.

Topic 2 Delegated legislation test Answer 10 Commissioner of Customs and Excise v Cure and Deeley Ltd (1962).