Delegated Legislation

Delegated Legislation

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Law Revision Notes
Delegated Legislation
"Delegated Legislation, sometimes referred as Secondary
Legislation, is where an Act of Parliament is passed giving
someone other than Parliament, usually an executive authority,
and the power to implement and administer the requirements of
the Acts"
Statutory Instruments
Also referred as `Ministerial Regulations'. Drafted by Government
Departments. The power to create these Laws will have been
given to the Minister who heads the departments by the
Parent/Enabling Act. The Parent Act will lay down the procedure
that must be followed to bring the Statutory Instrument into
force. Usually a duty to consult various named organisations, and
then one of two procedures are used
Negative Resolution Procedure The Statutory Instrument is
laid before Parliament for 40 days. If any MP (from Commons or
Lords) refutes the Statute, the issue is settled after a short
debate, and becomes void.
Affirmative Resolution Procedure The Statutory Instrument will
only become effective if one/or both Houses of Parliament pass
the Affirmative resolution.
Statistics 3000 Statutory Instruments passed, compared to
800 Statutes. Highlights the importance of Statutory
Instruments in society.
Road Traffic Act 1972 ­ Set out requirement for specific helmets
for Motorcyclists.
Railways Act 1993 ­ An independent Railway operator can make
Laws by regulating the conduct of all people on trains or Railway
Orders in Council
Parliament may choose to delegate the power to make changes
to issues of great, National importance to the Privy Council.
Consists of Prime Minister, the Monarch, and Senior Ministers.
The Orders in Council can be used to implement emergency
legislation (Emergency Parent Act 1920).

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Foot and Mouth Crisis 2001 ­ Privy Council used the EPA 1920 to
ban the movement of livestock, to limit the spread of disease.
Consumer Protection Act 1987 ­ Extended the scope of
consumer protection Law to agricultural products, to comply
with European Directive.
This is where Parliament gives Local Authorities, for example,
StokeonTrent City Council, or other bodies, the right to make
Law in respect of a certain area.…read more

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Is badly drafted.
Control by the Courts
Usually in the form of Judicial Review. Any member of Public, who
believes that a piece of Delegated Legislation goes beyond the
powers of Government, may challenge that legalisation. They
usually consist of people who may be acted `Ultra Vires', or
beyond their powers.…read more

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Disadvantages of Delegated Legislation
i) The major criticism of the use of Delegated Legislation
is that it is not democratic. It could be seen as
Lawmaking by people who are not elected and
therefore not directly accountable, in the way that MP's
are accountable, to the electorate. This is not true, of
course, if the Delegated powers are given to a Local
Authority, because this authority will be elected by Local
people.…read more


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