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A law made by a person or body other than parliament with the same authority. It is laid
down as a parent or enabling act.




Orders in Council

Allows the government to make laws without going through parliament
They are made by the queen and the Privy Council (made up…

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These laws are made by government ministers.
E.g. The Minimum Wage Act ­ allows them to take inflation into account.
The Public Order Act gives the power of when a particular statue or order will come
into force.

They are rules and regulations which apply to the whole country when…

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(b) Substantive Ultra Vires
The minister or body making the legislation has gone beyond the powers granted in
the Enabling Act.
Core and Deeley
Customs and excise were allowed to make laws concerning how taxes were
collected.
They made a law allowing them to impose penalties when tax returns were…

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Control of Legislation produced by minister by Parliament

(a) Affirmative resolution ­ some enabling acts include a provision this means any
legislation produced under the delegated powers must be first approved by a vote of
both Houses of Parliament prior to coming into effect.

Police and Criminal Evidence Act ­…

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Advantages Disadvantages
Parliament does not have time to create all Lack of democratic control ­ legislation is
necessary legislation, it does not sit in the frequently created by unelected and
summer - for example the complex unaccountable individuals such as civil
regulations required under the Road Traffic servants
Act. and…

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Advantages D
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CONTROL BY PARLIAMENT

Enabling Act Parliament sets limits T
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Affirmative resolutions Means Parliament must agree T
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Negative resolutions Gives MPs the opportunity to U
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Scrutiny Committee Ensures Only a technical check ­ cannot
Do not impose taxes check substance of the SI.
goes beyond the powers Committee can only report to
are not retrospective Parliament ­ it cannot make
changes
make unusual or
unexpected use of…

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