Delegated Legislation; Unit 1 - Notes

Notes made from a combination of resources including the Nelson Thornes text book and Philip Allan revision guide.

Covers the Delegated Legislation option from the Law Making half of the exam; Types of DL, Controls of DL and it's Advantages and Disadvantages

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Delegated Legislation
Law passed by a person or body to whom Parliament has delegated law making power
Parliament doesn't have the time or the expertise to make more detailed law:
Local expertise may be required
Specialist knowledge on a technical matter is required
A new situation or emergency arises and law needs to be made quickly
Orders in Council:
Made by the Queen and Privy Council
Drafted by the Government and given formal approval by the Queen and Privy Council
Privy Council:
420 members
Appointment is made for life by the Queen on advice of the government
In the case of emergency, powers are given by the Parent Act to the Privy Council to make law
(Emergency Power Acts 1920)
Uses:
Transferring responsibility between government departments (National Assembly of Wales
(Transfer of Functions) Order 1999)
Complying with EU directives (Consumer Protection Act 1987 (Product Liability)
(Modification) Order 2000)
Dealing with foreign affairs (Afghanistan (United Nations Sanctions) Order 2001)
Times of national emergency when Parliament isn't sitting (The Terrorism (United Nations
Measures) Order 2001)
Statutory Instruments :
Made by government ministers within the area of their ministerial responsibility (drafted by the legal
department)
Wider powers are sometimes given to ministers to fill in the necessary detail which is too complex to
be in the Act
Enforced in the courts nationally or just in a select area
Uses:
Updating and adapting laws to changing circumstances (National Minimum Wage Act 1998)
Commencement orders specifying when an, or part of an, act comes into force, there's no
limit on number of commencement orders (Town and Country Planning Act 1971) and no limit
on their time of commencement (The Easter Act 1928)
Complying with EU directives (Unfair Terms In Consumer Contracts Regulations 1999)
By-Laws:
Made my local authorities or corporations and confirmed by relevant minister
Authority given in the Local Government Act 1972
Local authorities can make law that will apply just within their geographic area
Public bodies/Firms are authorised to make laws regulating behaviour on their property (Railways Act
1993)

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Local authority law:
Drinking in public
Dog fouling (Dogs (Fouling of Land) Act 1996)
Congestion Charge
Controls of Delegated Legislation
Ensure sure power isn't abused and is controlled
Parliamentary Control:
Parliament remains in control of what law is made and how
Difficult to check all thoroughly due to the sheer quantity
The Parent Act specifies they procedure that most be followed as well whom power has been
delegated to and the limits imposed on it; it can also be amended or repealed accordingly
Joint Select…read more

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Within 3 months of the grounds of the case (Civil Procedure Rules 1999)
Due to complexity and high costs individuals rarely do this and therefore limits control
Judges can't amend delegated legislation
Procedural Utlra Vires:
Must follow the procedure specified in the Parent Act (Aylesbury Mushrooms)
Substantive Ultra Vires:
Made beyond the extent of power deleagated (AG v Fulham)
Unreasonableness:
Can be ultra vires if it is unreasonable (Provincial House v Wednesbury)
Must be irrational (R V NHS)
Other circumstances:
If it levies taxes (Customs…read more

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