Delegated Legislation

all notes on delegated legislation

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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 legislation
without the need
for Parliament
Main use to give legal
effect to European
Directives
Has power to make law
in emergency situations
( Emergency Powers Act
1920/ Civil
Contingencies Act 2004)
May be used to make
other types of law
o Order in Council
2003- Misuse of
Drugs Act 1971-
cannabis to a Class
C drug
Statutory Refers to rules and regulations
Instruments made by Government Ministers.
Ministers/Government
Departments given
authority in order to
make regulations for
areas they have
responsibility
Major method of law
making
Many Acts give a
Minister state power to
make delegated
legislation
Constitutional Reform Act 2005 Gives Lord Chancellor power to issue
s65 guidance on procedures for Judicial

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Page 2

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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 Ministers power to make
any provision by order if it will
remove/reduce a burden
Burden defined as :
Financial cost
Administrative
inconvenience
Obstacle to
efficiency/productivity/
profitability
Sanction affecting the
carrying on of any lawful
activity…read more

Page 3

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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
knowle
dge
c.…read more

Page 4

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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
affecte
d by
change
s
i.…read more

Page 5

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G
e
n
e
r
a
l
C
o
u
n…read more

Page 6

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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.…read more

Page 7

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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 incorrectly
No general provision
that regulations made
under enabling Act have
to be laid before
Parliament for it to be
considered
Affirmative resolutions Statutory instrument will not become law
unless specifically approved by Parliament
Required…read more

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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 order- Minister may recommend by
Parliament may wish to take it a step further
Super Affirmative resolution Minister must have regard to
procedure Any representations
Any resolution of either House of
Parliament
Any recommendations by…read more

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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 Procedure has not been Aylesbury Mushroom case 1972
followed Minister had to consult
organisation/representatives of
employers engaging in activity
concerned
Failed to consult with Mushroom
Growers Association(85% of
mushroom growers)
Establishing training board was
invalid…read more

Page 10

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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
s just
being
rubber
stampe
d by
Minste
r of
depart
ment
3. Delegated
legislation
makes it
difficult to
discover what
present law is
a.…read more

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. 

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