Delegated Legislation- AS LAW OCR

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  • Created by: Brittany
  • Created on: 11-02-13 15:07

1. Define Procedural ultra vires.

  • The procedure set out in the enabling act for making the statutory instrument has not been followed.
  •  The content in the statutory instrument goes beyond what Parliament gave power to include.
  • When a case is declared Void.
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2. Who are by-laws made by?

  • local authorities, public and nationalised bodies
  • Goverment Ministers
  • The Queen

3. Define Substantive ultra vires.

  •  The content in the statutory instrument goes beyond what Parliament gave power to include
  •  The procedure set out in the enabling act for making the statutory instrument has not been followed
  • If the case has been incorrectly decided.

4. Does the case of  Based on Associated Picture Houses Ltd –v- Wednesbury Corporation show unreasonableness?

  • No it shows Substantive ultra vires
  • Yes it does show unresonableness
  • No it shows Procedural ultra vires

5. Who makes Orders in Council?

  • Goverment Departments
  • Government in times of emergency, approved by the Privy Council and signed by the Queen
  • local authorities, public and nationalised bodies
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