Delegated Legislation
- Created by: Karolinaaaa
- Created on: 16-05-17 18:18
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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
- Acts that specify who has the power and how much power are known as "enabling acts"
- "Secondary Legislation"
- 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
- Deal with matters and apply in own area ONLY
- 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
- The Serious Organised Crime and Police Act (SOCPA) 2005 - Minister of State Power
- 15 Departments dealing with different areas of policy.
- 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)
- Uses
- DL- Law made by someone other than Parliament but with their authority.
- 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
- SI may be sujected to 1 of 2 Parliamentary Procedures
- 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
- 2 types of 'ultra vires' : 1.substantive (goes beyond parliaments intention - R v Home Secretary ex parte Fire Brigades Union 1995)
- Courts Presumption - unless act clearly states, no power to make unreasonble regulations (Strictland v Hayes BC)
- Parent/ Enabling Act
- 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
- Advantages
- Explain what is meant by DL (A)
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