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Delegated Legislation
Here are the 8 stages of the law making process:

Consultation Stage ­ The government sets out ideas/drafts for bills which are
called `Green Paper'.
First Reading ­ Lets the MPs know that a new bill is coming up for discussion. There
is no vote here.
Second Reading…

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There are too many to go through Parliament each year ­ up to 4000 statutory
instruments are made every year.
The minister in that area would know more about what is going on in that area.

By-laws ­ They are specific for each area.
Might need to be changed quickly;…

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Who are they made by?

They are drafter by government ministers and given formal approval by the Queen
and Privy Council.

When are they used?

When transferring responsibilities between government departments (Eg: Scotland
Act 1998).
Dissolving Parliaments before an election.
Bringing an Act of Parliament in.
Compliance with EU directives.…

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Who are they made by?

Drafted by the legal departments of the relevant government departments within
their area of expertise.

When are they used?

It is a good way to update existing legislation and adapt law.
It is used to implement European Union directives into English law. (Eg: Illegal to…

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Who are they made by?

Local authorities in geographical area (Eg: Leeds City Council).
Public Corporations (Eg: Arriva buses ­ make laws when on their property: no drinking
alcohol on their buses).

When are they used?

They are used to control public behaviour. (Eg: No alcohol in public park.)

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Initial Controls

Parliament decides who to delegate law making power to.

Within the parent act they set out:

Who it has been delegated to,
The framework and the limitations.

The Delegated Powers Scrutiny Committee ensures that the power has been delegated
to the correct people.

Parliament has the right to…

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The courts have the power to review any piece of delegated legislation and decide if t is valid
or not. They have no power to question Acts of Parliament as Parliament is supreme.

It is reviewed by judges in the High Court. An interested party can challenge the validity of…

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Time Saving

It saves parliament's time. Delegated legislation can be passed quickly. Parliament
doesn't have enough time to pass all the delegated legislation.

Special Knowledge

Parliament does not always possess specialist knowledge. For example, local
councils have a greater knowledge of the local area. Cableway Installation
Regulations 2004 required Transport…

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Many of the Parliamentary and judicial controls are limited in effect. For
example, not all statutory instruments are subject to affirmative/negative
resolution and may be overlooked.
Some ultra vires delegated legislation is never challenged and so remains in force.

Lack of Publicity

Delegated Legislation is insufficiently publicised.
Not the same…


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