Chapter 14 Multiple choice questions

. Which of the following are alternative terms for delegated legislation? Please select all that apply.

Subordinate legislation.

Secondary legislation.

Detailed legislation.

Unimportant legislation.

. Delegated legislation can only be made where there is an explicit provision in primary legislation which allows it to be made.

True

False

. Which of the following accurately describes a difference between primary and secondary legislation? Please select all that apply.

Delegated legislation is made by ministers, with the approval of Parliament, whereas Primary legislation is made by Parliament.

Delegated legislation is not amendable whereas primary legislation is amendable.

Delegated legislation cannot generally be reviewed by the courts whereas primary legislation can be.

Delegated legislation can be reviewed by the courts whereas primary legislation generally cannot.

. Delegated legislation is often used to bring into force primary legislation. It is regarded as acceptable for Parliament to delegate the decision about ______ to the government.

. Which of the following accurately describes the reasons offered by the Hansard Society for making greater use of delegate legislation? Please select all that apply.

Allows for increased clarity in primary legislation.

Keeps the legislative process flexible.

Many of the current problems with delegated legislation could be overcome.

Government ministers always know best.

. What is a 'Henry VIII' clause?

A clause that allows a Secretary of State to amend or repeal Acts of Parliament by means of delegated legislation (which may receive little or no political scrutiny in Parliament).

A clause that allows a Secretary of State to amend secondary legislation.

A clause that allows a Secretary of State to marry more than once.

The power of a Secretary of State to amend or repeal Acts of Parliament using prerogative powers.

. Statutory Instruments are drafted by the Parliamentary Counsel Office.

True

False

. The text of statutory instruments (delegated legislation) is made in the same way as the text of primary legislation.

True

False

. Sedley LJ in R (on the application of National Association of Health Stores) v Secretary of State for Health (2005): ' A minister who reserves a decision to himself - and equally a civil servant who is authorised by him to take a decision - must know or be told enough to ensure that nothing that is necessary, because _______ relevant, for him to know is left out of account. This is not the same as a requirement that he must know everything that is relevant.'

. Which statement best describes the outcome of R (PLP) v Lord Chancellor [2016] UKSC 39?

The Act of Parliament authorised the Lord Chancellor to make any changes he wished through Statutory Instrument.

The Act of Parliament authorised the Lord Chancellor to make any changes through Statutory Instrument, as long as they followed a particular procedure.

The Act of Parliament under which the Lord Chancellor purported to make the Statutory Instrument did not provide the power to him to do so.

The Act of Parliament under which the Lord Chancellor purported to make the Statutory Instrument did not provide the power to him to do so, but in this instance the Court allowed it.

. The Courts can review the lawfulness of statutory instruments

True

False

. Henry VIII powers may have become an established feature of the law-making process in this country, they remain a 'constitutional ______'.

. Which of the following were the expectations of the House of Lords Delegated Powers and Regulatory Reform Committee of the European Union (Withdrawal) Bill? Please select all that apply.

The Bill should not enable major changes to policy.

All delegated powers must have time limits.

Ministers must not have the power to choose whichever procedure they like for statutory instruments made under the Bill.

Henry VIII powers must be fully explained and justified.

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