Delegated Legislation

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  • 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
        • 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
          • 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
      • 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
            • Civil Contingencies Act 1971
    • 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
        • 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
          • Specialist Knowledge
            • Parliament may not have the correct technical expertise
          • Air Navigation Order 1995
            • Made by specialists due to complex technical regulations aout aircrafts
        • 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
        • 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
      • Disadvantages
        • Partly Undemocratic
          • SI's drafted by civil servants
            • Rubber stamped by Minister
          • Queen & Privy Council make Orders in Council
            • Not elected
        • 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)
    • 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?
        • 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
            • Scrutiny Commitee
              • Cannot amend laws
              • Controls S.I's from a technical aspect
        • 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
            • Unreasonable
              • The law made is unreasonable
                • Strickland v Hayes Borough Council
                  • Banned obscene language everywhere
            • 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
          • Judicial Review Procedure
            • Check law-maker hasn't gone beyond powers allowed
          • Anyone with Locus Standi can challenge
            • Judicial Review Procedure in High Court

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