Delegated Legislation is a law made by some person or a body other than Parliament. There are three types of delegated legislation. Orders in Council, Statutory Instruments and By-Laws.
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Orders in Council
Made by the Queen and the Privy Council.
They can be used to make laws quickly under the Emergency Powers Act 1920.
The can also be used to implement EU Directives under the European Committee's Act 1972.
Used for amending acts, for example the Misuse of Drugs Act 1971.
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Statutory Instruments
Made by Government Ministers for their specialist area, for example the Minister for Transport will deal with train fares.
Statutory Instruments affect the entire of one country.
Over 3,000 statutory instruments (SI'S) are made per annum (year).
Regulated by the Statutory Instruments Act 1946.
They allow Ministers to use special knowledge to implement laws, for example the Home Secretary can implement codes of practice under PACE 1984.
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By-Laws.
Made by local authorities and public corporations, for example Eastbourne Borough Council / Worthing County Council.
The procedure for passing local authority by-laws is started by the local authority and then confirmed by the Office of the Deputy Prime Minister.
They are made in response to local problems for example parking, control of activities for example on beaches, drinking in parks by tramps.
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Controls by Parliament
Some Enabling Acts require AFFIRMATIVE RESOLUTION from Parliament before laws can be made, for example the Criminal Justice and Public Order Act can be regulated with the Minister's permission.
Most SI's are subhect to affirmative procedure and they are laid as a draft first for fourty days. If they remain unquestioned or ignored, they will be passed by both houses within twenty eight days of that.
The Scrunity Committee review it and draw attention to those that need to have specific and special consideration.
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Controls by the Courts
Procedural Ultra Vires: This is where a public authority has not followed the correct procedures set out in the enabling act. AYLESBURYMUSHROOMS:The Minister of Labour did not consult Aylesbury's Mushroom Farmers about changing the regulations in the statute, therefore his amendment to the statute was VOID.
Substantative Ultra Vires: Where the Minister has gone beyond the powers of the enabling act. R v HOME SECRETARY EX PARTE FIRE BRIDAGE UNION: They exceeded their powers to build an entire new act from another.
Unreasonableness: When the decision from the Minister was just too absurd and unreasonable.
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Advantages and Disadvantages of Del Leg.
-- ADVANTAGES OF DELEGATED LEGISLATION.
Saves time, only passes fifty acts a year.
Flexible. Not always required to take the normal procedure.
Allows experts to make rules in specific areas.
Allows quick laws to be passed due to the Emergency Act.
Easily revoked if it causes problems.
-- DISADVANTAGES OF DELEGATED LEGISLATION
Undemocratic - made by unelected people.
Large amount of delegated legislation makes it hard to regulate.
Affirmative Resolution is not always the procedure taken. MP's are "too busy".
Lack of Scrunity. The Scrunity committee are often ignored despite their importance. They actually take time to read the statutes.
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