Delegated Leglislation

Question	Answer
Delegated Legislation	Law that is not made within parliament. Rules made under an enabling act; 'Local Government Act 1972' & Access to Justice Act 1999.
Orders in Council	Made by Privy Council & can be used to regulate professional bodies. Used when statutory instruments are inappropriate.
Orders in Council Uses.	Used to transfer powers from ministers of the UK Gov. to Scotland & Wales.
Orders in Council Uses.	Used to reclassify cannabis under 'Misuse of Drugs Act 1972'
Orders in Council Uses	Used to give effect to European Directives under S2(2) of the European Communities Act 1972
Orders in Council Emergencies	When P is not sitting, Queen & Privy Council make orders in council under the 'Emergency Powers Act 1920' & 'Civil Contingencies Act 2004.'
Orders in Council Emergencies	Used in the Foot & Mouth Crisis 2001 Used in Fuel Crisis 2000.
Statutory Instruments What they are	Most common type of delegated legislation. 3662 made in 2007. Powers given to ministers and Gov. departments to make regulations in the area.
Statutory Instruments Examples	Minister of Transport made Traffic Signs Regulations 2002 under Road Traffic Act 1988 regarding size & colour of traffic signs
Statutory Instruments examples	Updating primary legislation: Health & Safety at Work Regulations 1974 updated through Management of Health & Safety at Work Regulations 1992
Statutory Instruments Examples	Implement European Union directives into English Law: Unfair Terms in Consumer Contracts Regulations 1994 implemented a directive aimed at consumer care.
Statutory Instruments Examples	Used to bring in an act of parliament. Commencement Order: equality act 2010, brought into by 5 commencement acts.
Bylaws	Local authorities making laws about local situations.
Bylaws	S 19 of Public Libraries & Museums act 1964 - Cornwall County Council Congestion Charge in London
Bylaws	Public Corporations use bylaws to enforce rules concerning public behavior National Trust Act 1907
Bylaws	Professional Regulations: Solicitors Act 1974 - empowers the law society to regulate its members.
Control of DL	Too much being made without scrutiny of P Should be controlled not abused.
Control by P	Control at the time the Enabling Act is made Delegated Powers Scrutiny Committee in HoL can decide whether the bill is inappropriate but have no power to amend the bill.
Control by P Affirmative Resolution	Vote To Approve Laid before HoL & HoC & Vote
Control by P Affirmative Resolution	Criminal Justice & Public Order Act 1994 - Minister is allowed to regulation ticket touts if OK'd by P.
Control by P Affirmative Resolution	Hunting Act 2004 Hunting with dogs is permitted sometimes if OK'd by P.
Control by P Negative Resolution	Leg is laid before P for 40 days if no one annuls it, it becomes law.
Control by P Joint Committee of SI's	Draws attention to laws if: They impose a tax Powers in the Act are exceeded Leg is deflected & needs clarification Under the Act the SI cannot be challenged. Has no power to alter the leg.
Control by Courts	Validity of the leg can be challenged in court. Anyone who has personal interest can apply for judicial review. Must believe the leg is ultra vires & will be ineffective if it is.
Control by Courts Procedural Ultra Vires	Procedural Ultra Vires is where an authority has not followed correct procedures set out in the enabling act .
Control by Courts Procedural Ultra Vires	Agricultural Horticultural & Forestry Training Board V Aylesbury Mushrooms LTD 1972 (Ayslebury Mushrooms Case) The minister failed to consult interested parties & was declared ultra vires.
Control by Courts Substantive Ultra Vires	The DL goes beyond the powers set out in the enabling act.
Control by Courts Substantive Ultra Vires	R V Home Secretary ex parte fire brigades union 1995 where the HS made changes to the Criminal Injuries Compensation Scheme & he was held to have gone beyond the powers set out in the Criminal Justice Act 1988.
Control by Courts Substantive Ultra Vires	R V Pfizer was said that advising doctors not to prescribe viagra went beyond the powers given in the enabling acts.
Control By Courts Unreasonable	Principle established in Associated Provincial Picture Houses V Wednesday Corporation 1948 this could be that the rules are unjust made in bad faith or that no reasonable person would have made them
Control by Courts Unreasonable	Strickland V Hayes - a law prohibiting people from singing obscene songs was too widely drawn that it prohibited people singing in private too.

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Delegated Leglislation

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	Created by jessicajoydonogh over 10 years ago