DELEGATED LEGISLATION

Parliament passes a Parent Act (Enabling Act). This Act gives the right to create one of the following types of DL
1. Statutory Instruments
  1. Made by gvt ministers
  2. National effect
  3. Police & Criminal Evidence Act 1984
  4. Road Traffic Act 1972
  5. Road Vehicle Regulations 2003
  6. 3000 SI's brought into force each year
2. ByLaws
  1. Local authorities make laws for a local area
  2. Local effect
  3. used to cover matters within their own area
  4. Local Parking Regulations
3. Orders in Council
  1. Made by Privy council & Queen
  2. National Effect
  3. Used to give legal effect to European Directives. Has the power to make law in emergency situations under the Emergency Powers Act 1920 & Civil contingencies Act 2004
  4. Misuse of Drugs Act 1971 (modification) Order 2003
Controls of DL
1. Parliament
  1. Legislation: Parent Act sets out the limits of DL
  2. Negative Procedure: most pieces of DL are subject to this control. DL cannot become law if P passes a motion within 40 days, if P doesn't then the DL becomes law
  3. Affirmative (positive) procedure: less common than neg procedure. some Parent Acts state that the DL can only become law if there's a vote in favour it.
  4. HoL Delegated Powers committee: Checks all bills for any innapropriate enabling provisions. Any such provision are brought to the attention of HoL before the committee stage.
  5. Joint Committee on SI: More effective check contains members from both houses. Reviews all SI's but cannot alter them. Can also draw P's attention
2. Courts
  1. Judicial Review: a review by a judge.. If JR is successful the DL is void.
    1. 3 Grounds of JR
      1. procedural Ultra Vires: How the DL is made. Any DL made without following these procedures can be declare Ultra Vires and therefore void.
        Aylesbury Mushroom case
        Ninister of agriculture failed to consult the Mushroom Growers' Association and the other establishing Training Board for land-owners was therefore invalid in respect of the Association
      2. Substansive Ultra Vires: Is concerned with whether the content of DL is within the limits set out in the Parent Act
        A-G V Fulham Co (1921)
      3. Unreasonable decision: Courts may declare the DL to be Ultra Vires & therefore void on the basis that is unreasonable.
        Kruse V johnson (1998) A bylaw which prohibited the singing of hymns in the street was declared unreasonable by the Court
Evaluation
1. Disadvantages
  1. Undemocratic
  2. No effective control
  3. Sub Delegation
2. Advantages
  1. Democratic
  2. Control
  3. Specialist knowledge
  4. Relieves pressure on parliamentary time
  5. Ministers will have expert knowledge of their department

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DELEGATED LEGISLATION

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