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Delegated Legislation
This is where Parliament delegates (passes down) powers and responsibilities to other
bodies to make law.

There are 3 main forms of delegated legislation:

Orders in council
This refers to orders from the Privy Council which is a committee traditionally set up to advise the
monarch. It is…

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Advantages of delegated legislation

Saves time

It is quicker than the Parliamentary process; it allows Parliament to concentrate on more important
things.

Responsive to local needs

Local councillors know more about their constitution than Parliament would, so they can respond
better to the local needs, demands and problems.

Specialist knowledge…

Page 3

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Control over delegated legislation

Control by parliament

Parliament will pass an act, giving power to other bodies to make laws. This is called the parent act
(or enabling act).
Therefore Parliament has a degree of control in ensuring that the body does not make regulations
which are Ultra Vires (outside…

Page 4

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There are two types of ultra vires:

Procedural, where the procedure followed was incorrect, e.g.

Aylesbury Mushroom Case 1972 ­ The delegated legislation was procedural ultra vires because it
failed to follow the Parent Act, in that the people who were being affected weren't questioned.

And substantive, where the content…

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