Delegated Legislation

  • Created by: erw16
  • Created on: 31-10-18 10:04
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  • Delegated Legislation
    • Types of delegated legislation
      • Statutory Instruments
        • Over 3,000 SIs are made each year.
        • Parliament wouldn't be able to cope with the Volume or Complexity
        • Best left for those with expertise in specific areas
      • Orders in Council
        • Save Parliament time
        • Quick response in emergencies
        • The Civil Contingencies Act 2004 gives the Privy Council power to make law in times of emergency when Parliament is not sitting
      • By-Laws
        • Parliament does not have the time
        • Parliament does not have the knowledge to deal with these types of matter
        • Drinking ban zone under the Criminal Justice and Police Act 2001 by councils.
    • Controls on delegated legislation
      • Controls by Parliament
        • Parent Act
          • The Police and Criminal Justice Act 1984 gives the Ministry of Justice powers to alter police powers.
        • Affirmation Resolution Order
          • An Affirmation resolution is required before new or revised police Codes of Practice under the Police and Criminal Evidence Act 1984
        • Delegated Powers Scrutiny Committee in the HL
          • Has no power to amend Bills
        • Joint scrutiny Committee
          • The Code of Practice Order 2017 reportedly failed to comply with proper legislative practice
      • Controls by the courts
        • Procedural Ultra Vires
          • Agricultural Training Board v Aylesbury Mushrooms Ltd
          • The Wednsbury Unreasonableness
            • Substantive Ultra Vires
              • R v Secretary of State for Health ex parte Pfizer Ltd
        • Substantive Ultra Vires
          • R v Secretary of State for Health ex parte Pfizer Ltd

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