Delegated legislation

Parent/ Enabling Act
1. Gives power to other bodies to make laws
Statuatory Instruments
1. Statutory instruments are regulations made by government departments to implement the provisions made in Acts of Parliament.
2. Made by: Government Minister and departments
3. Example: Codes of practise under PACE
Bylaws
1. Bylaws are made by local councils and other public bodies.
2. Made by: Local Authorites
3. Example: Local Parking regulations
Orders in Council
1. Orders in Council are laws passed by the Privy Council and the Queen
2. Made in times of emergency because of the Emergency Powers Act 1920
3. Example: the Misuse of Drugs Act 1971 Order 2008
Control of Delegated Legislation
1. General
  1. Enabling Act: the enabling Act sets out the powers that Parliament wishes to delegate.
  2. Consultation: the enabling Act may specify that certain organisations or experts must be consulted before delegated legislation is made.
  3. Publication: all delegated legislation is published and made available for interested parties to read.
2. Parliamentary
  1. All bylaws are checked by the relevant government minister.
  2. All statutory instruments are scrutinised by a group of MPs known as a select committee.
  3. Affirmitive Solution - means that statuatory instruments wull not become law unless specifically approved by Parliament effects a small number
  4. Question time
  5. Negative Solution - means that relativant statuatory instrument will be law unless rejected by Parliament within 40 days
3. Judical
  1. an organisation or member of the public may challenge a piece of delegated legislation in the High Court.
  2. ultra vires (beyond the powers granted by Parliament).
  3. Substantive ultra vires: delegated legislation will be declared void if it allows something that the enabling Act did not intend, e.g. Commissioners of Customs and Excise v Cure and Deeley (1962)
    1. or if the law made under the enabling Act is ‘unreasonable’ (‘Wednesbury unreasonableness’).
  4. Procedural ultra vires: the enabling Act may set out certain procedures that must be followed before delegated legislation can be passed, e.g. Agricultural, Horticultural and Foresty Training Board v Aylesbury Mushrooms Ltd (1972).
Advantages
1. saves time
2. Allows specialism
3. Allows consultation
4. Allows Local Knowledge
Disadvantages
1. Undemocractic
2. Lack of Publicity
3. Large volume

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Delegated legislation

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