Law Delegated Legislation for AS AQA

This is some notes I made wheb revising of Delegated Legislation hope it helps :)

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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 of PM and other
leading members of the government)
Has the power to create delegated legislation
Useful in emergency situations under the Emergency Powers Act and Civil
Contingencies Act
E.g. The Queen and Privy Council made an order in council to deal with the
fuel crisis 2000. The power was found in the Emergency Powers Act
- Measures were introduced to cope with the situation when drivers went
on strike. It involved using the armed services and emergency services to
get petrol.
Statutory Instruments
Government minister is given powers under the enabling act (Parent Act) to create a
statutory instrument.

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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 in effect.
E.g. Traffic Sign Regulations ­ allows the minister for transport to authorise
design and specification of road traffic signs.
Bye Laws
Created by local authorities and companies
E.g.…read more

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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
submitted late.
The court decided this was an Ultra Vires and void.…read more

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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.…read more

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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 companies. Parliament is elected to
If Parliament regulated all these areas there pass
would be no time to create other laws. Legislation. These people are not.…read more

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Advantages D
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CONTROL BY PARLIAMENT
Enabling Act Parliament sets limits T
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Delegated Powers Scrutiny Looks at proposed powers C
Committee before they are enacted a
Should ensure that only n
appropriate powers are given o
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Affirmative resolutions Means Parliament must agree T
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S
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Negative resolutions Gives MPs the opportunity to U
check Sis before they come into n
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Scrutiny Committee Ensures Only a technical check ­ cannot
Do not impose taxes check substance of the SI.…read more

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C
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