Chapter 13 Self-test questions

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

Subordinate legislation correct incorrect

Secondary legislation correct incorrect

Detailed legislation correct incorrect

Unimportant legislation correct incorrect

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

True correct incorrect

False correct incorrect

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. 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. correct incorrect

Delegated legislation is not amendable whereas primary legislation is amendable. correct incorrect

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

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

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. 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. correct incorrect

Keeps the legislative process flexible. correct incorrect

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

Government ministers always know best. correct incorrect

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. What is a 'Henry XIII' 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). correct incorrect

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

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

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

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. Statutory Instruments are drafted by the Parliamentary Counsel Office.

True correct incorrect

False correct incorrect

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

True correct incorrect

False correct incorrect

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. 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. correct incorrect

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

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. correct incorrect

he 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. correct incorrect

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. The Courts can review the lawfulness of statutory instruments.

True correct incorrect

False correct incorrect

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. 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. correct incorrect

All delegated powers must have time limits. correct incorrect

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

Henry VIII powers must be fully explained and justified. correct incorrect