Delegated Legislation

• Parliament have not got the time or expertise to make all the lawa for the country. 
• They delegated powers to toher bodies to make laws. 
• They pass an Enabling or Parent Act which lays down the powers to other to make laws. 
• There are 3 types. 

• Made by Local Authorities or public corporation companies. 
• LA make laws to apply on their own geographic area. 
  • E.g. drinking in public and dog fouling. 
• In respect of Dog fouling is the Dogs (Fouling of land) Act 1996. 
• In this a council can designate land as a poop scoop area and if not a fine will be due. 
• Most punishable with a fine. 
• Normally displayed on lampposts. 
• Public bodies and some corporations are authorised. 
• Railways Act 1993 railways companies can make laws. 
• Boddington v British Transport Police (1998).

• Often reffered to as regulations or orders. 
• Made by department government ministers. 
• There are about 15 departments. 
• Power to make laws concerning their area. 
• 3000 a year are made.
• Legislative and Regulatory Refrom Act gives ministers the power to change Acts, it has not been given the power to do, if it will remove a "burden" resulting from legislation.
• Codes of Practice made by Minister for Justice under PACE 1984. 
• Major Method of Law making.
• Chemicals regulations 2009 made by Work and Pensions Minister. 

• Made by the Queen and Privy council (PM and Council Ministers). 
• Powers granted under Emergency Powers Act 1920 and Civil Contingencies Act 2004. 
• Used in times of Emergency when Parliament are not in sitting. 
  • E.g downgrade of Cannabis to Class C 2003, the Parent Act which gave them the powers. The Misuse of Drugs Act 1971
  • Also used to implement European Directives. 

• Enabling (Parent) Act- powerset down by Parliament sets parametres. 
  • This states which government Minister can make the regulations. 
  • Laying before Parliament for Statutory Instruments

• Affirmative Resolution- must be approved by Parliament before it can become law, this is included in the Enabling Act. Parliament can only approve annul or withdraw, cannot change it. 
• Negative Resolution- all others are left for 40 days and if no objects it becomes law.

The Scrutiny Committee reviews all SIs and draws Parliaments attention to any that need consideratio. Looks for authorised takes, retrospective law, uncleat or defective laws. It has no power to alter the DL.

This states that all SIs made under this law must be laid before Parliament. 

• House of Lords considers whether any DL has been made inappropriately (cannot amend only report) 
• Questions in Parliament 

• Judicial review- judge reviews the law and can declare it. Ultra Vires (outisde the power) and therefore void. 
• Substantive ultra vires- not followed proper procedure. Aylesbury Mushrooms. 
• Unreasonableness- cannot make unreasonable regulations, levy taxes or allow sub-delegation
  • Strictland vttayes Borough Council
• SI can also be declared void if they conflict with EU law. 

(Advantages and Disadvantages) 

• Enabling Act- has boundaries but is limited and it is seldom checked as to whether or not it is followed. 
• Affirmative Resolution- is better but not all SIs go through it and Parliament can't change them. 
• Negative Resolution DL- can slip through unnoticed.
• Super Affirmative Resolution- only for certain SIs. 
• Courts- rely on individual bringing claim. 

• Parliament has not got the time 
• Parliament lacks the local knowledge. 
• Allows time for consultation 
• Parliament lacks the expertise. 
• DL can be made quickly
• DL is more flexible to change if needed 

• Undemocratic but a necessary evil 
• Lack of publicty or debate 
• Problem of sub-delegation 
• Problem to regulate it both by Parliament and Court
• Excessive volume- Over 3000
• Obscure wording 

Orders in Council

• Made by HRH and PC 
• Misuse of Drugs Act 1971 (amended order 2008)

Statutory Instruments 

• Made by Government Ministers
• Codes of Practice unde PACE1984

Bye-Laws

• Made by local authorities
• Local Parking restrinction

Enabling Act-

• Ad- Sets limits and can be repealed 
• Dis- People may ignore them

Affirmative Resolution-

• Ad- Parliament must agree with Regulations 
• Dis-Time consuming, not used on SIs. 

Negative Resolution-

• Ad- MPs havr opportunity to check SIs. 

Undemocratic:

• Public servants are not voted in but can make laws. 
• However, local councillors are voted in and government ministers are too. 

Hard to Understand:

• The Public may not understand the law
• Written with legal terminology which is inaccesible to the general public. 

Volume- too much delegated legislation: 

• Over 3000 statutuory instruments
• Public often don't know what is a law until they break it. 

Sub-delegation:

• Undemocratic 
• Power is handed down to 3rd or 4th parties