Delegated Legislation
- Created by: Acrasai
- Created on: 23-03-14 16:21
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- Delegated Legislation
- Types
- Statutory Instruments
- Popular - over 3000 a year
- Legislative + Regulatory Act 2006
- Gives ministers power to make any S.I IF it removes burden resulting from legislation
- Made when necessary
- Commencement orders
- Equality Act 2010 had 5 commencement orders
- Update the law
- Regular increase under the National Minimum Wage Act 1998
- Commencement orders
- Made by Government Ministers
- Rules/Regulations/Orders
- Authority under Parent/Enabling Act
- By-laws
- Enforceable by courts
- Made by local authorities or public corporations
- Within their area of jurisdiction
- Local Authorities
- Apply to their own geographical area
- Authorities to make bylaws under many acts
- Local Government Act 1972
- No alcohol allowed in certain areas in Bath after a certain time
- Local Government Act 1972
- Enabling Act for Dog Fouling is Dogs (Fouling of Land) Act 1996
- Public Corporations
- Regulate behaviour on their property
- Railways Act 1993
- Controls behaviour on Trains/Stations
- Boddington V British Transport Police
- Controls behaviour on Trains/Stations
- Railways Act 1993
- Regulate behaviour on their property
- Orders in Council
- Drafted by the government
- Formal approval by Queen + Privy council
- Allows government to make law without going through parliament
- Used in many situations
- Transferring responsibilities between Government Departments
- Scotland Act 1998
- Dissolving Parliament before an election
- Make specific law changes
- Misuse of Cannabis Act 1971
- Times of National Emergency when Parliament is not sitting
- Emergency Powers Act 1920
- September 11th 2001 Terrorist attacks
- Civil Contingencies Act 1971
- Stopped flights in and out of the UK
- September 11th 2001 Terrorist attacks
- Civil Contingencies Act 1971
- Emergency Powers Act 1920
- Transferring responsibilities between Government Departments
- Statutory Instruments
- Evaluation
- Advantages
- Time-Saving
- Saves Parliament time
- 3000 SI's made per year
- Not enough time to pass all detailed & local laws
- Details of SI's left to appropriate Minister
- Road Traffic Act 1972
- Motor cyclists had to wear helmets
- Details left to Minister of Transport to publish in the Motor Cycles (Protective Helmets) Regulations 1980
- Motor cyclists had to wear helmets
- Saves Parliament time
- Local and Specialist Knowledge
- Local Knowledge
- Local Councils knowledge of the local area
- Dogs (Fouling of Land) Act 1996 used still in some areas locally
- Local Councils knowledge of the local area
- Specialist Knowledge
- Parliament may not have the correct technical expertise
- Air Navigation Order 1995
- Made by specialists due to complex technical regulations aout aircrafts
- Local Knowledge
- Speed
- Produced quickly and very flexible
- Orders in Council
- Times of Emergency when Parliament is not sitting
- Foot and Mouth Crisis 2001
- Order in Council passed in emergency
- Army to cull farm animals
- Order in Council passed in emergency
- Democratic
- Extent democratic
- Government Ministers create SI's & approve by-laws
- Elected
- Local Authorities create By-Laws
- Elected
- By-Laws made under Local Government Act 1972 are made by elected local councillors
- Time-Saving
- Disadvantages
- Partly Undemocratic
- SI's drafted by civil servants
- Rubber stamped by Minister
- Queen & Privy Council make Orders in Council
- Not elected
- SI's drafted by civil servants
- Lack of Publicity
- Not debated in Parliament
- Not same opportunity for the press to raise public awareness as Acts of Parliament
- No consolidated website
- By-Laws in Stoke on Trent
- No Effective Control
- Parliamentary and Judicial controls are limited in effect
- Majority of SI's are subject to NRP and may be overlooked
- Judicial Controls are dependent on a person challenging law
- A person with limited knowledge, finance and time may not challenge under Judicial Review Procedure
- Contradicts the Separation of Powers
- Three branches of power
- Executive
- Legislature
- Judiciary
- No one should be a member of more than one of the three branches
- Government Ministers (Legislatures of S.I's) should not make law, merely formulate policy (Executives)
- Three branches of power
- Partly Undemocratic
- Advantages
- Controls
- Controls by Parliament
- Apply to all types of D.L
- Statute is sovereign
- Parliament can make law that supercedes delegated legislation
- Delegated Powers Commitee
- In the House of Lords
- Decide whether the provisions within a bill to delegate legislation are inappropriate
- Parent/Enabling Act
- Sets out a framework
- Who?
- When?
- Area?
- Sets out a framework
- Statute is sovereign
- Apply only to Statutory Instruments
- Have the most controls as S.I are most popular type
- Affirmative Resolution Procedure
- Amendments to the Human Rights Act
- S.I laid before parliamet
- Parliament vote
- Becomes law or gets annulled based on the vote
- S.I laid before parliamet
- Becomes law or gets annulled based on the vote
- Negative Resolution Procedure
- No vote is needed
- Becomes law
- Becomes law
- Remains a law unless Parliament reject within 40 days
- No vote is needed
- No vote is needed
- No vote is needed
- Scrutiny Commitee
- Cannot amend laws
- Controls S.I's from a technical aspect
- Apply to all types of D.L
- Controls by Courts
- If lawmaker goes beyond powers = Ultra Vires & void
- Check law-maker hasn't gone beyond powers allowed
- Three grounds for Ultra Vires
- Substantive Ultra Vires
- Exceeded powers in making act
- Attorney General v Fulham Corporation
- Made laundry services instead of laundrettes
- Attorney General v Fulham Corporation
- Exceeded powers in making act
- Unreasonable
- The law made is unreasonable
- Strickland v Hayes Borough Council
- Banned obscene language everywhere
- Strickland v Hayes Borough Council
- The law made is unreasonable
- Procedural Ultra Vires
- The law-maker didn't follow the procedure
- Horticultural Training Board v Aylesbury Mushrooms LTD
- Did not consult the mushroom grower's association
- Horticultural Training Board v Aylesbury Mushrooms LTD
- The law-maker didn't follow the procedure
- Substantive Ultra Vires
- Judicial Review Procedure
- Check law-maker hasn't gone beyond powers allowed
- Anyone with Locus Standi can challenge
- Judicial Review Procedure in High Court
- If lawmaker goes beyond powers = Ultra Vires & void
- Controls by Parliament
- Types
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