Delegated Legislation
- Created by: Emma
- Created on: 20-12-12 11:54
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- Delegated Legislation
- Types of Delegated Legislation
- Statutory Instruments
- Ministers and Gvt. departments given authority. Enabling Act = Road Traffic Act = Give Minister at the Department of Transport the power to make rules about road signs.
- Orders In Council
- In times of emergency; Emergency Powers Act. Made up of Queen and Privy Council (senior group of ministers). Foot and Mouth Crisis in 2001, Fuel Crisis in 2000
- By-Laws
- Local authorities have power under the Local Government Act. County councils, district councils, parish councils. Network Rail can make by-laws such as the ban on smoking on the London Underground.
- Statutory Instruments
- Control By Parliament
- Affirmative Resoloution
- Laid down before both houses and voted on.PACE Act to decide on police powers
- Super-Affirmative Resolution
- The Minister must have regard to any representations made by outside bodies or resoloutions of either House of Parliament
- Joint Committee on Statutory Instruments
- Members of the Houses of Parliament (Scrutiny Committee) review all SI's and draw attention from Parliament to ones which need special considerations.
- Affirmative Resoloution
- Control By Courts
- Procedural Ultra Vires
- Public authority has not followed procedures set out in Enabling Act. Aylsebury Mushroom Case did not consult relevant parties
- Substantive Ultra Vires
- Goes beyond the powers granted in the Enabling Act. Fire Brigades Union, the home seceretary made changes which exceeded the power given to him in the Criminal Justice Act.
- Unreasonable
- May be because the rules are unjust, or are so perverse no reasonable person would have made them. Strickland V Hayes Borough Council council's band on singing lews songs unreasonable because too wide. (covered singing privateley in a home)
- Procedural Ultra Vires
- Advantages
- Saves Time, there are over 3000 SI's and they are very detailed.
- Specialist/Technical knowledge involved. Parliament doesn't have local knowledge required
- Controls by Parliament and the courts
- It is democratic as made by elected persons
- It is easy to amend and this keeps law up to date
- Allows for consultation between relevant parties
- Disadvantages
- There can be too much del leg so it is hard to know what the current law is
- Lack of Publicity as it is private. Although SI's are available on the Parliament website
- Partly Undemocratic
- Sub-delegation
- Ineffective controls on parliament
- Types of Delegated Legislation
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