Slides in this set
Allows rapid action to be taken It saves Parliamentary time Democratic Allows rapid action to be taken
in times of emergencies. e.g. Local Government Pension Delegated legislation is, to an in times of emergencies.
(Orders of Council) Scheme Regulations 1995 run extent, democratic- The (Orders of Council)
e.g. The Terrorism (United to 185 very detailed pages. This Government Ministers who are e.g. The Terrorism (United
Nations Measures) Order 2001 time is better spent by MPs responsible for issuing statutory Nations Measures) Order 2001
made under the United Nations doing other things than reading instruments and who also made under the United Nations
Act 1946 as a result of the these draft regulations. approve byelaws, are elected. Act 1946 as a result of the
terrorist attacks of 2001 Parliament do not have time to Local councillors who make terrorist attacks of 2001
pass all the detailed and local byelaws are also elected. Orders
It offers flexibility laws required each year- over in Council are drafted by the
(adaption to meet changing 3000 statutory instruments are Government.
Some statutory Instruments are
circumstances or modification passed each year subject to affirmative
in the light of experience) e.g.
resolution or are scrutinised by
County Court Fees Order 1999
the Scrutiny Committee.
sets out the fees payable at
various stages of civil Advantages Byelaws must be approved by
the relevant Minister and a
proceedings, but the County of judge can declare and
Court Fees (Amendment) Order
2002 amends this order to take Delegated delegated legislation which has
gone beyond its powers void.
account of changes in certain Legislation This should all ensure that
delegated legislation conforms
Allows technical matters to be to the requirements of the
determined by those Model bylaws available from Enabling Act.
Government Ministers often
competent to do so and can Whitehall consult interested parties before Allows Parliament to
make use of the expert drafting statutory instruments concentrate on broad issues of
knowledge in the Civil Service Allows local councils to make
policy rather than masses of
e.g. Air Navigation Order 1995 laws appropriate to their local Amendments can be made
contains highly technical rules areas quickly to any problems that do
e.g. Road Traffic Act 1972,
governing the flying of civil e.g. North Somerset needs arise from delegated legislation,
power was delegated to the
aircrafts around the UK- It is byelaws covering behaviour on as Parliament is unable to
Secretary of State to draw up
unlikely and MPs had the the seashore whereas North-East foresee all problems that it may
detailed regulations at to the
technical expertise to do this Somerset and Bath do not. cause.
type of helmet required.…read more
Partly undemocratic Minister or other delegated Contradicts the separation of
Lack of publicity
Delegated legislation is not body may use his powers to powers
Delegated legislation is not
debated in Parliament, apart defeat the purpose of the Act Some delegated legislation
debated in Parliament and so
from statutory instruments e.g. A provision authorising the offends the doctrine of
there is not the same
subject to affirmative Minister to bring an Act into separation of powers- Under
opportunity for the press to
resolution. force bit by bit may be abused this doctrine there are 3
raise public awareness as there
Statutory instruments are to delay indefinitely the branches of power (executive,
is with an Act of Parliament.
drafted by unelected employed implementation of provisions legislature and the judiciary).
This means large amounts of
civil servants and often only designed to benefit the citizen. No one should be a member of
delegated legislation is passed
`rubber stamped' by the e.g. R v Home Secretary ex p more than one branch of
without the public being aware
appropriate Minister. Anosike power and the 3 ranches
Queen and the Privy council should operate separately from
approve Orders in council and each other- they shouldn't
are not elected bodies. perform each other's duties.
The executive is the
No effective control
Disadvantages Government, therefore
government ministers should
Parliamentary and judicial of Delegated not be making law as this is the
controls are limited. Legislation role of the legislature. The
Negative resolutions mean judiciary should ensure the law
some statutory instruments are passed by Parliament is
overlooked before being applied, and so should not be
passed. Risk of sub-delegation
declaring whether the law is
The scrutiny committee cannot There is a risk of sub-delegation Limited scrutiny given to
valid or not.
make changes to delegated where the body/person who delegated legislation may lead
legislation, only report back its has been given the power to to incomplete or imperfect Delegated legislation may be
findings and suggestions- most make law may pass this down instruments passing into law obscurely worded and difficult to
of these are overlooked. to another e.g. Statutory e.g. Air Navigation Order 1995 understand.
Some delegated legislation that instruments are drafted by was followed by the Air
is ultra vires is never challenged unelected employed civil Navigation (No.2) Order 1995 Delegated legislation can be
due to people ma not know servants and often only `rubber which revoked and replaced the difficult to locate even for
enough of the law to challenge stamped' by the appropriate previous order to fix printing lawyers as it is not noted in the
the validity of it. Minister. errors and defects. Parent Act…read more