Delegated Legislation

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  • Delegated Legislation
    • Explain what is meant by DL (A)
      • DL- Law made by someone other than Parliament but with their authority.
        • "Secondary Legislation"
          • Acts that specify who has the power and how much power are known as "enabling acts"
            • The Criminal Justice Act 2003
            • The Access to Justice Act 1999
            • The Road Traffic Act 1998
      • 1. By- Laws made by Local Authoroties, Public Bodies or Large Companies
        • Deal with matters and apply in own area ONLY
          • County Council = laws affecting whole county, Town Council = only town
          • Many are traffic control (parking restrictions)
          • Large Companies e.g Railways= laws on behaviour on premises
          • Other: no smoking, no ball games, no dogs allowed
      • 2.Statutory Instruments (SI)  "Ministerial regulations" made by Government ministers or departments
        • 15 Departments dealing with different areas of policy.
          • Minister of Transport = road traffic regulations
        • Around 3,400 passed each year
          • Can be short: annual changes to minimum wage
          • Can be long & complex: Codes of Practice by Minister of Justice (PACE 1984)
          • Acts granting power
            • The Serious Organised Crime and Police Act (SOCPA) 2005 - Minister of State Power
              • The Police and Criminal Evidence Act (PACE) 1984 =Minister of Justice
      • Orders in Council - Privy Council (made of PMs and other leading members) and signed by Monarch
        • Uses
          • Give legal effect to European Directives
          • Transfer responsibility between GOV Departments
          • Bring Acts (or part acts) into force
        • The Civil Contingencies Act 2004 -powers to pass emergency laws
        • Can make other types of laws e.g alerting cannabis from class C to B (The Misuse of Drugs Act 1971)
    • Parliamentary controls (A/B)
      • Parent/ Enabling Act
        • Control over act/ drafting, states who has power & how much. Can set requirements of consultation before passing act.
      • MPs question (any government minsiter on the work of their department
      • The Affirmative and Negative Resolution Procedure
        • SI may be sujected to 1 of 2 Parliamentary Procedures
          • The Negative Resolution Procedure- laid before parliament, no objections in 40 days = becomes law
          • Affirmative Procedure- controversial, instruement beomes law after 1 or both Houses pass affirmative resolution, e.g agree on instrument
      • The Legislative and Regulatory Reform Act 2006- any Minsiter making SI that seeks to make changes to existing law must consult various people/organisations first.
      • Judicial Review- carried out on any DL, declare body acted 'ultra vires' = legislation declared void
        • 2 types of 'ultra vires' : 1.substantive (goes beyond parliaments intention - R v Home Secretary ex parte Fire Brigades Union 1995)
          • 2. Procedural (procedure not followed e.g consultation not carried out - The Aylesbury Mushroom Case, National Union of teachers case
      • Courts Presumption - unless act clearly states, no power to make unreasonble regulations (Strictland v Hayes BC)
    • Advantages & Disadvantages (B)
      • Advantages
        • Saves Parliament time
        • Allows expertise and knowledge - made by specialised GOV Deps
        • By-laws by local authorities with area knowledge
        • Greater flexibility, faster to use Dl than pass a new Act of Parliament for ammendments
        • Speed, DL quicker than Acts of P
        • Benefit consultation, important in technical matters

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