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TYPES Delegated · Limits delegated legislation by
controlling it through the PARENT
Legislation ACT
· Produced by government ministers
· PARENT ACT sets out criteria for
who have been given power by
the delegated body to follow, such as
Parliament in a Parent Act
· Fireworks Act 2003 CONTR consultation and producing a
report to see if it is approved by
· Education Reform Act 1988
· Section 17 of the Road Traffic Act
OLS Parliament
· Parliament can repeal the delegated
legislation if the criteria is not
JUDICIAL followed
BY-LAWS · Fireworks Acts 2003
· D.L can be controlled through the
· Authority is delegated to local courts by the judges · SCRUNITY COMMITTEE is also
authorities, such as councils and other · Judges cannot look at statutory used to control delegated legislation
public bodies instruments- require a member of the · Made up of the Houses of Lords and
· Dog Fouling Act 1996 public to bring it before them in House of Commons
· National Trust court- may arise during a civil claim · They review a small proportion of
· No BBQs on beaches dispute or during the judicial report the statutory instruments (3,000 of
review them)
· Judges can declare D.L as `ultra vires' · Cannot make changes to them- must
meaning it has `gone beyond the report them to Parliament
· Power is delegated to the Privy Council power' laid down by Parliament
· Can declare it as invalid and void it · SOME D.L IS SUBJECT TO
(Queen & other senior ministers)
and they can order the delegated RESOLUTION EITHER
· Used to make law in emergencies and
body to redraft the law THROUGH...
when Parliament isn't sitting
· TWO grounds upon which D.L can be · Affirmative Resolution- VOTE
· Foot and Mouth Crisis
declared as invalid · Negative Resolution- LEFT OUT
· Fuel Crisis
· Substantive and Procedural FOR 40 DAYS' AND IS PASSED
· Cannabis downgraded

Slide 2

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It saves Parliamentary time
Allows rapid action to be Democratic
taken in times of
emergencies. (Orders of Delegated legislation
1988- would have taken
Council) is, to an extent, Government Ministers often
Parliament days to read all of
the information and weeks to democratic- consult interested parties
e.g. FUEL CRISIS/FOOT AND before drafting statutory
discuss all of it
MOUTH CRISIS · The Government instruments
· Parliament do not have time Ministers who are
to pass all the detailed and responsible for
local laws required each issuing statutory
instruments and Parliamentary Control
year- over 3000 statutory
It offers flexibility instruments are passed each who also approve
byelaws, are Some statutory Instruments
elected are subject to affirmative
resolution or are
· Local councillors scrutinised by the Scrutiny
Advantages who make by-laws
are also elected
of Delegated By-laws must be approved
by the relevant Minister
Allows technical matters to
Legislation · Orders in Council
are drafted by the
be dealt with by experts Government A judge can declare
delegated legislation which
e.g. FIREWORKS ACT 2003 has gone beyond its powers as
MEDICAL MATTERS Allows local councils to make ultra vires
laws appropriate to their local
areas This should all ensure that
delegated legislation
e.g. some areas have beaches conforms to the
where they need by-laws about no requirements of the
BBQs/DOGS ON BEACHES Enabling Act.…read more

Slide 3

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· Delegated legislation is not · Delegated legislation is not debated in
debated in Parliament, apart Parliament and so there is not the
from statutory instruments same opportunity for the press to raise
subject to affirmative public awareness
· This means large amounts of delegated
· Statutory instruments are legislation is passed without the public
drafted by unelected Disadvantages being aware of it
employed civil servants
of Delegated
· Queen and the Privy council Legislation
approve Orders in council and NO EFFECTIVE CONTROL
are not elected bodies.
· Parliamentary and judicial controls are
· Negative resolutions mean some statutory
RISK OF SUB-DELEGATION instruments are overlooked before being
· There is a risk of sub-delegation where
the body/person who has been given · The scrutiny committee cannot make
the power to make law may pass this changes to delegated legislation, only
down to another e.g. Statutory report back its findings and suggestions-
instruments are drafted by most of these are overlooked
unelected employed civil servants
· Some delegated legislation that is ultra
vires is never challenged as people may not
bring it before court due to the cost of a
court hearing…read more

Slide 4

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· 2 or more individuals are NEGOTIATION · Governed by the Arbitration Act 1996
having a dispute · Informal · Voluntary submission of parties
· Parties try to reach · Neighbour disputes- can be · Scott v Avery Clause
agreement with help of a
used for ALL disputes · Parties normally appoint two or three arbitrators/can't
neutral mediator
· Works alongside the court decide = one is appointed
· Mediator is TRAINED IN
system- `letter before · Parties decide time, date and place
but may not be an expert action' `N1 form' · Can opt for a "paper" arbitration or can give oral
in the area of the dispute- · Parties are legally represented submissions
no need to be legally = lawyers can negotiate on · Expert witnesses can give evidence
trained their behalf (if any) · Arbitrator = expertise in particular field but DOESN'T
· Consults with parties and · Successful negotiations = HAVE TO BE LEGALLY QUALIFIED
sees how much common focus on issues · Decision (award) = legally binding on parties
ground there is between · Communicate directly, e.g. · Normally final- can be enforced through courts or can
them telephone be challenged on a point of law
· Mediator goes back and · Used for consumer arbitration in holiday contracts
forth with parties arranged by ABTA
· Mediator cannot TRIBUNALS
intervene but can be · Operate alongside the court system
asked for their opinion of · Enforce rights granted by social and CONCILIATION
the merits welfare legislation, right not to be · 2 or more individuals
· Decision is made by the discriminated against... · Panel decide
parties · Cannot be used as an alternative to a · Conciliator is neutral&not acting as the parties'
· family mediator,
court hearing ­ must go to a representative
neighbour disputes ,
tribunal · Conciliator is able to intervene- suggest terms for
· 2 types- administrative (rights that compromise
· Successful negotiation =
parties co-operate with have affected a lot of people) · Parties can decide time and place
each other domestic (disciplinary matters, · Conciliator listens to parties
· Can take different forms- private bodies- professional conduct · Parties agree = legally enforceable through courts
parties choose the method ) each has its own jurisdiction · ACAS- conciliator scheme
they want · Employment Tribunals · Can be used for consumer and industrial issues
· Decision is binding if · 2 tiers- 1st tier- sit with a tribunal because of its flexibility
parties agree judge & sometimes 2 lay people…read more

Slide 5

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· parties choose arbitrator- can decide whether their S/DISAD'S · Conciliator is independent of the parties-
matter is best dealt with by a technical expert, lawyer or power to suggest&advise on offers made by
professional arbitrator MEDIATION
the parties during conciliation- parties feel
· Hearing time and location decided by parties'- flexibility · Parties are in
secure knowing advice came from a neutral
· Private control- gives
· Expertise delivered- ACAS representatives-
· decision is normally final and can be enforced through them flexibility
experts in field
the courts- dispute is fully resolved · Beneficial for · Cheaper than court and private
· May be delays in getting the required arbitrator if may wish to · Dispute may not be resolved ­ parties may
that person is in demand trade with not be willing to compromise
· Appeals are limited unless on a point of law customers or · Expensive if case isn't resolved
· Unexpected legal points- may not be in arbitrator's or other businesses · Both or one of the parties may feel the
lawyer's field of expertise in the future conciliator is not neutral- may lead to
· Beneficial for normal problems and no agreement
TRIBUNALS neighbour
· Expertise delivered- cases are heard by a tribunal judge and disputes- may
sometimes 2 lay members- experts in the field of the case
continue living
· Cost of the hearing- applicants are encouraged to represent NEGOTIATION
next door to
themselves instead of using lawyers- tribunals don't often · Preserves relationships- informal
each other- need
involve costs associated with the court hearing- cheap nature- ideal for businesses and
· Informality- more informal than a court hearing-cases are to preserve
heard in private relationship · No fixed procedure- flexible- parties feel
in control
· More formal than other forms of ADR- hearing can be · Only works if · Private
overwhelming and confusing if applicant is representing parties are · Any dispute can be resolved- more
themselves willing to favourable than going to court
· Process can be slow- delays can occur- can be due to compromise
number of cases heard in a tribunal. Lay Members only sit · Agreement is · Process would be quicker & cheaper
part time. If the case is complex could cause delays not always without representatives- delays occur
· Public funding is limited- could put applicant without a binding · Dispute isn't always resolved
lawyer at a disadvantage · No guarantee · People may agree to a negotiation
dispute will be settlement because they are afraid of
resolved going to court and losing…read more

Slide 6

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All of the methods of ADR are a lot less
formal, except for Tribunals which are more DISADVANTAGES
formal- makes procedure more relaxed, puts
the parties' at ease as it is a lot less daunting · Decision in mediation and
than a court hearing would be. conciliation is not always binding-
Helps neighbours and businesses' making it difficult to enforce a
particularly to preserve relationships, apart decision, which could lead to the
from Tribunals because of the winner/loser dispute not being settled
situation. AD'S AND · The decision in arbitration and
DISAD'S of tribunals can also be challenged,
Not always a need for legal ADR which can increase the length of the
representation- parties' can choose if they procedure and cause delays
wish to have one or not
Arbitration is the only form of ADR where · Informal nature of the different
having a legal representative may be effective- forms of ADR- this can reduce
can select their own arbitrator, decide certainty in the parties' that they will
whether a technical expert, lawyer or get a decision as they don't know if it
professional arbitrator would be more suitable will be resolved
Most forms of ADR encourage parties to · Particularly with arbitration, the cost
represent themselves, particularly in of representatives being involved
Tribunals-lowers the cost of the procedure, can be very high
makes it a lot quicker. · Professional arbitrator fees and the
cost of expert witnesses being called
Privacy of the hearing- All forms of to give evidence can result in the
alternative dispute resolution are heard in parties' facing large costs, which can
private (except some tribunal cases in be overwhelming for the parties.
employment tribunals which are made public)
- ensures confidentiality/parties' can discuss
their issue in private.…read more

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