ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems
A government minister, using powers granted by an Act of the legislature, issues detailed regulations on product labelling. A trader, Kovar Foods, argues the regulations are invalid because the legislature itself did not pass them. Which statement is correct?
The regulations are delegated legislation and are valid if the minister acted within the powers conferred by the enabling Act. Ministers have no inherent lawmaking power, so regulations going beyond the Act can be challenged as invalid, but properly made ones are legally binding.
- AThe regulations are delegated legislation and can be valid if made within the powers given by the enabling ActCorrect
- BThe regulations are invalid because only the legislature can make binding law
- CThe regulations are valid whatever their content, since ministers have inherent lawmaking power
- DThe regulations are merely guidance and have no legal force
Explanation
Delegated legislation is law made by a person or body under authority conferred by an enabling Act. It is valid if made within those powers (intra vires) and may be challenged if the powers are exceeded. The minister has no inherent power, so content outside the Act would be invalid, and properly made regulations are binding, not mere guidance.
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