Pages in this set

Page 1

Preview of page 1
Delegated legislation
Refers to law made by someone/body other than Parliament
Types of
delegated
legislation
Orders in
Council
Statutory
instruments
bylaws
Orders in Council Queen/Privy Council have
authority to make Orders in
Council.
Privy Council made up of
Prime Minister and
leading members of
Government
o Allows
Government to
make…

Page 2

Preview of page 2
Appointments Commission recommending
who should be appointed as Judges
Serious Organised Crime and Gives the Secretary of State the power to
Police Act 2005 s27 make regulations requiring equipment used
by the Serious Crime Agency to satisfy
levels of design and performance
The Legislative and Regulatory
Reform Act 2006
Gives…

Page 3

Preview of page 3
The need for
Delegated
Legislation

1. Parliament
does not have
time to
consider/deb
ate small
details of
complex
regulations
2. Parliament
may not have
technical
expertise/kno
wledge
necessary
a. Health
and
Safety
regulat
ions-
differe
nt
industr
ies
need
expert
knowle
dge
b. Local
parkin
g
regulat
ions
need
local…

Page 4

Preview of page 4
dge to
control
such
things
as
technol
ogy/en
vironm
ental
safety.
d. Better
to
leave
detail
to
individ
uals
with
expert
knowle
dge
3. Ministers
have benefit
of further
consultation
making sure
regulation
accurate/wor
kable
a. Revise
d
Police
and
Crimin
al
Eviden
ce Act
1984-
consult
ation
with
people…

Page 5

Preview of page 5
e
p
r
e
s
e
n
t
i
n
g

i
n
t
e
r
e
s
t
s

o
f

p
o
l
i
c
e

a
u
t
h
o
r
i
t
i
e
s
ii. G
e
n
e
r
a
l

C
o
u…

Page 6

Preview of page 6
c
i
l

o
f

t
h
e

B
a
r
iii. T
h
e

L
a
w

S
o
c
i
e
t
y
4. Can be
amended/rev
oked easily
when
necessary
therefore
keeping law
up to date
a. Minist
ers can
respon
d to
new/u
nforese
en
situati…

Page 7

Preview of page 7
Control of
Delegated
Legislation
Control exercised by
Parliament and the
Courts or Public
Inquiry before law is
passed

Control by Limited although have initial Few say this has to take place
Parliament control with enabling Act
Delegated Powers
Scrutiny Committee ­
consider whether
provision of any Bills
delegated legislative
power…

Page 8

Preview of page 8
Organisations which are
representative of
interests/substantially
affected by proposals
Welsh Assembly in
relation to matters
where they exercise
functions
Law Commission if
appropriate to do so
Negative resolution procedure Minister recommends this should be used-
law in 40 days unless objections
Affirmative resolution Both Houses of Parliament must approve
procedure…

Page 9

Preview of page 9
Unless enabling Act expressly Make unreasonable regulations
allows it no power to do any of Strictland v Hayes Borough Council
the following 1896- Bylaw prohibiting
singing/reciting of any obscene
song/ballad or obscene language ­
unreasonable/ultra vires- too widely
drawn- covered acts done in
private/public
Levy taxes
Allows sub delegation
Correct…

Page 10

Preview of page 10
law
(not
concer
ning
bylaws
as local
authori
ties are
elected
by
local
citizen
s.
b. Accept
able if
sufficie
nt
control
but
Parlia
ments
control
limited
2. Sub-delegatio
n meaning
law making
authority
handed down
another level
a. Causes
comme
nts
such as
law
being
made
by civil
servant…

Comments

Smith E

Thorough, and good on control of parliament (affirmative and negative resolutions and the scrutiny committee). Some students forget to mention the Legislative Regulatory Reform Act 2006 which is addressed here on page 1. 

Similar Law resources:

See all Law resources »See all resources »