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Delegated
Legislation
- Parent/enabling Act
- This term can be used becuase the delegated legislation can be viewed as the
off spring or product of the original Act
- Within the Act there will be authority for a specified person or body to make
further more detailed law
- the Act will specify the are within which law can be made, any procedures that the delegated person
or body must follow when making the law
- This term can be used becuase the delegated legislation can be viewed as the
off spring or product of the original Act
- Types DL
- Orders in Council
- Privy Council
- A body made up of senior current and former politicans,
senior judges and members of the Royal Family
- 420 members but only 3 or 4 members attened
meetings in which OiC are made
- 420 members but only 3 or 4 members attened
meetings in which OiC are made
- Orders in Council
- Made by government and given to the Privy Council to approve
- Made by government and given to the Privy Council to approve
- A body made up of senior current and former politicans,
senior judges and members of the Royal Family
- Resposibilties
- Transfering resposibilties between givernment departments or diffrent
parliaments/assemblies, dissolving Parliament before an election, bringing an Act of
Parliament into force, dealing with foregin affairs (Afganistan Order 2001), times of
emergency (9/11 caused The Terroism Order 2001)
- Transfering resposibilties between givernment departments or diffrent
parliaments/assemblies, dissolving Parliament before an election, bringing an Act of
Parliament into force, dealing with foregin affairs (Afganistan Order 2001), times of
emergency (9/11 caused The Terroism Order 2001)
- Privy Council
- Statutory instruments
- Laws made by Government ministers within the are of
their resposibility
- Often used to update law like to update the amount of a fine a criminal may have to
pay or the amount of what the minimum wage is set at under the Minimum Wage
Act 1998
- In 2010 2971 statutory instrumenbts were made
- Laws made by Government ministers within the are of
their resposibility
- By-laws
- Made by local authorities and public corpirations or companies, they apply
to a local suthority are or the public body only, then they are enforcable in
the courts
- Local authroities like local councils can make By-laws which are only
enforcable in that are of which they have power over. Examples of
these can be drinking alchol in public places or the fouling of public
areas by dogs
- Dog fouling's parent act can be Clean Neighbourhood and Environment Act 2005. This is
were a local authority can: designate areas of land on which it is an pffence for anyone to
fail to remove dog faeces deposited by a dog for which he or she is responsible, to ban
dogs from areas of land such as beaches, parks and children's playground
- Most by-laws made under the authority of the Local Government
Act 1972. For example, you can't drink in designated areas and
these must be accomapnaied by signs.
- Dog fouling's parent act can be Clean Neighbourhood and Environment Act 2005. This is
were a local authority can: designate areas of land on which it is an pffence for anyone to
fail to remove dog faeces deposited by a dog for which he or she is responsible, to ban
dogs from areas of land such as beaches, parks and children's playground
- Some bodies can make by-laws to regulate the publics
behavouir while on their property
- Railways Act 2003, railway companies can issue by-laws about
behaouir of the public on their station and trains
- Boddington v British Transport Police (1998) a man got fined £10 by the courts for smoking on a train
- Railways Act 2003, railway companies can issue by-laws about
behaouir of the public on their station and trains
- Made by local authorities and public corpirations or companies, they apply
to a local suthority are or the public body only, then they are enforcable in
the courts
- Orders in Council
- Control on delegated legislation
- Parliamentry Control
- The parent Act sets out the limits within which delegated law must be
made or the procedures to be followed
- Parliament can repeal or amend the delegated legislation
- All delegated legislation, including by-laws, are made under the authority
of government ministers
- It is the role of the ScrutinyCommittee to review stattory instruments and
refer any requiring further consideration back to the houses
- House of Lords Delegated Powers Scrutiny Committee checks the enabiling
provisions of the parents Acts
- The statutory Instruments Act 1946 requires all statutory instruments to be
published
- SI is laid before both houses and needs to be approved by both for it to
become law (affirmative). Can become nullified if not laid down and still
passed though (negative)
- Ministers can be held accountable in Question Time or during debates
- Parliament can remove the power to make DL
- The parent Act sets out the limits within which delegated law must be
made or the procedures to be followed
- Judicial Controls
- Produces Ultra Vires - delegated legislation is void becuasethe procedures set out in
the parent Act for creating it have not been followed, as in Aylesbury Mushroom Case (1972)
- Substantial Ultra Vires - delegated legislation is void becuase the content exceeds the limits
se out in the parent Act for example Customs and Excise Comminssioners v Cure and Deeley
LTD (1962)
- Unreasonableness - delegated legislation is void because it is so
unreasonable, for example R v Swindon NHS Trust (2006)
- Produces Ultra Vires - delegated legislation is void becuasethe procedures set out in
the parent Act for creating it have not been followed, as in Aylesbury Mushroom Case (1972)
- Parliamentry Control
- Advantages
- Saves Parliament time. It is Flexible It is made by people with local knowledge.
There is no control over DL. It is to an extent democratic.
- Saves Parliament time. It is Flexible It is made by people with local knowledge.
There is no control over DL. It is to an extent democratic.
- Disadvantages
- Lack of publicity. Some delegated legislation offends the separation of powers.
There s a risk of sub delegation. There is a lack of effective control. It is to an extent
undemocratic
- Lack of publicity. Some delegated legislation offends the separation of powers.
There s a risk of sub delegation. There is a lack of effective control. It is to an extent
undemocratic
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