DL

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  • Created by: Nickita
  • Created on: 11-05-13 17:17
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  • Delegated legislation
    • Orders in council
      • Made by the queen and privy council (senior judges & politicians and royal members)
      • Emergency situations:
        • Contingencies act 2004 and the emergency powers act 1920.
        • Foot and mouth outbreak 2001.
      • Transfers responsibilities:
        • Westminister departments to the Welsh assembly and Scottish parliament using the Wales (Transfer of function) order 1999 and Scotland(Transfer of function) order 1999.
      • Amend acts
        • Misuse of drugs act 1971
      • Apply legal effect to european directives:
        • Consumer protection order 2000.
      • Change the number of judges in the supreme court:
        • Constitutional reform act 2005.
    • Statutory instruments
      • Rules and regulations, around 3000 made every year.
      • Government ministers and departments
        • Access to justice act 1999 allows the Lord chancellor to make changes to state funding for legal cases.
      • Update law:
        • National minimum wage act 1998 - change the amount for minimum wage.
        • amount of fine for criminal offences.
      • Specify an act
        • when comes into force using commencement orders - The railway act 2005 commencement orders.
      • Comply with european directives:
        • The sales and good to customers regulations 2002 - provides extra protection to customers.
    • Controls by parliament
      • Enabling act
        • whether the government ministers can consult others before making the DL
      • Affirmative resolution
        • SIs with controversial issues. SI must be laid before by the parliament and must be approved by both houses (Lords and Commons) between 28-40 days
        • The human  rights act 1998, allows the secretary of state to make changes to act subject to the affirmative resolution procedure.
        • parliament can annual, withdraw and approve but cannot amend.
      • Negative resolution,
        • DL automatically goes through unless rejected by either houses; within 40 days, using a motion called 'prayer
      • standing committee on DL
        • The group in the house of commons look at SIs that require affirmative resolution.
      • The scutiny committee of delegated powers
        • control that involves the LORDS, they consider if the contents of the bill go through delegated powers inappropriatly.
    • By-laws
      • have to be approved by the relevent government minister.
      • Local authorities:
        • Traffic controls - Parking restrictions.
        • The dogs (fouling of land) act 1996.
      • Public organisations - Public related.
        • Central london congestion charge was introduced by former london mayor.
        • National trust act 1907, enables BLs to be made in realtion to the properties.
      • Proffesional organisations
        • The solicitor act 1974 - Law society.
        • Football association
    • Judicial controls.
      • DL is challenged through the Judicial procedure. it involves ' the exercise of the courts power to determine whether a action is lawful or not' - Ex parte vijaytunga
      • Substantial UV
        • concerned whether the contents of the DL is within the limits set out in the parent act.
        • Ex parte pfizer is an example, which the circular stated the doctors shouldn't prescribe viagra.
        • In Ex parte national union of teachers the teachers didn't have the right to exercise the power given by parliament, under the education act 1996.
      • procedual UV,
        • concerned how the DL is made. The courts can hold DL to be UV if the correct has not been followed
        • Aylesbury mushroom case, where the minister failed to consult the mushroom grovers as part of the procedure.
        • ex parte national union of teachers, the procedure used was unfair as only 4 days had been allowed for consultation.
      • unreasonableness.
        • courts can declare a DL to be UV thus void if unjust. this judicial control is known as the 'wednesbury unreasonableness'.
    • AD
      • There isn't enough time for parliament to consider every detail of every regulation, since there are around 3000 SIs being made every year.
      • Parliament doesnt have the specific knowledge like Health and safety regulations and building regulations. DL uses experts.
      • DL can be achieved quickly than an act. It is used in emergency situations such as the Foot and mouth outbreak 2001.
    • DIS
      • Loads of DL. In 2011 there was 3117 SIs. Makes it hard to keep track of current law. Little publicity given to DL. People tend to be unaware if a piece of legislation exists.
      • It is undemocratic, they are made by unelected judges rather than parliament (who origanally have sovereignty)
      • Length and expense of Judicial review.

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