Delegated Legislation

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What is Delegated Legislation?
Law made by some person or body other than parliament but with the authority of parliament
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Which act transfers powers and responsibility to DL?
Parent act (Enabling act)
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Disability discrimination act 1995
Secretary of state - Power to update regulations relating to disability discrimination in the work place
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Orders in council authority to make law
Queen and Privy council
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Matter 1
Dissolving parliament before an election
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Matter 2
Bringing acts of parliament into force
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Giving effect to EU directives
Consumer protection act 1987, modification, order 2000
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Dealing with foreign affairs
Afghanistan (united nations sanctions) order 2001 - offence to provide funds to Osama BinLaden and any Taliban
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Dealing with foreign affairs
Terrorism (united nations meatures) order 2001 - offence to provide funds to anyone involved in terrorism
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Transferring resonsibilities between governmental departments
Scotland act 1998 order 1999
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What does the term statutory instrument refer to?
Rules and regulations made by government ministers under their area of responsibility
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How many SI's are brought into force each year?
3000+
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Amend the law
Motor vehicles regulations 2006 amend the road traffic act 1988. To make wearing seatbelts compulsory
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Update the law
Road vehicles regulations 2003 updated the road traffic act 1988. To ban the use of mobile phones when driving.
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Enforce the law
Equality act 2010, brought into force through 5 commencement orders.
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What else can SI's do?
Remove or reduce a burden.
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What is the process for making SI's?
Consult with experts (Civil servants),2/3 will be made in the name of the minister. The remaining SI's must be laid before parliament to be approved by both houses before being approved.
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What is a Bylaw?
Type of DL which is locally made and enforceable in the courts
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What are many Bylaws made under?
Local government act 1977
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What act do dog fouling bans enforced through?
Clean neighbourhoods and environment act 1972
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What happened when using the railway act 1993?
British railway board banned smoking on its platforms
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What happened when using the National trust act 1971?
National trust regulates the use of its land by its own bylaws
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What did Bournemouth borough council regulate through the clean neighbourhoods and environment act 1972?
The use of its beaches in its area, notably the control of dogs & their mess
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What other places can make Bylaws?
Public bodies, Companies, Local authorities
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What is the process for making Bylaws?
Advertise in local newspapers stating where a copy can be viewed inviting feedback. One month after the bylaw is made an application is made to the relevant government department for approval. Don't come into force until approved then start date set
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Why do we need DL?
Used to update laws, tackle local issues parliament doesn't know about, may be required to set a starting date for legislation, Parliament might not be in session when an emergency has happened & is quick
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What can be used to remember Parliamentary controls?
DJ LANE
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Delegated scrutiny committee
Based in the house of lords, considers bills going through parliament & consider if it will delegate any power inappropriately
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Joint select scrutiny committee
Reviews all SI's, could be to see if any impose tax
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Affirmative resolutions
DL won't become law unless specifically approved by parliament
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Negative resoloutions
DL will become law unless rejected by parliament within 40 days
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Enabling act
Retains the power over DL by being able to repeal the powers in the enabling act at any time
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Legislative and reform act
Sets out procedure for making SI which are aimed at repealing an existing law. negative resolution procedure, Affirmative resolution procedure, Super affirmative resolution procedure.
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What is the definition of ultra vires?
goes beyond the powers that Parliament granted in the enabling Act.
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What is the judical review procedure?
Court considers & decides the lawfulness of a decision or action made by a public body
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What happens if any DL is ruled to be ultra vires?
It is void and not effective
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What can be used to remember the Judical review procedure?
JUUSP
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Substantive ultra vires
Unless expressly allowed in the enabling act, DL has no power to interfere with rights of freedom, Change taxes, allow sub delegation
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Cure & Deeley LTD
Decided the amount of tax to be paid and went beyond their powers of deciding how taxes are collected.
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Procedural ultra vires
If the statute says there must be consultation with interested parties when making DL, this is compulsory.
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Aylesbury Mushroom Case
Minister of Labour failed to consult mushroom growers association that he would be making a new training board
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Unreasonableness
DL can be challenged using ultra vires on the basis that it has made unreasonable regulations
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Strickland V Hayes
Bylaw prohibiting the singing or reciting of obcene songs or words. This was unreasonable, therefore ultra vires as it was too widely applicable to the public
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Advantage 1 of DL
Quicker to go through DL, waists no time (Terrorism united nations measures order 2001)
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Advantage 2 of DL
Local knowledge. People with local knowledge make more sensible laws (by laws) as they are the ones who are are aware of the local problems. (Bournemouth Borough Council)
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Advantage 3 of DL
Easily amended and updated, law can be kept up to date. (Motor vehicles regulations 2006 amend the road traffic act 1988
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Advantage 4 of DL
Democratic, Government ministers are elected for creating various DL (Changes to police power made by Minister of Justice)
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Disadvantage 1 of DL
Undemocratic, allows non-elected people to make DL. (Orders in Council)
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Disadvantage 2 of DL
Lack of publicity, public isn't aware of the new laws being passed. (approx 3000 SI's are brought into force each year)
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Disadvantage 3 of DL
Risk of Sub-Delegation. Law making authority has been handed down to another level (Civil s
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Disadvantage 3 of DL
Risk of Sub-Delegation. Law making authority has been handed down to another level (Civil servants)
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Disadvantage 4 of DL
Lack of control, not approved by parliament, often overlooked. Some Dl that's ultra vires isn't challenged. (Negative resoloutions)
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Other cards in this set

Card 2

Front

Parent act (Enabling act)

Back

Which act transfers powers and responsibility to DL?

Card 3

Front

Secretary of state - Power to update regulations relating to disability discrimination in the work place

Back

Preview of the back of card 3

Card 4

Front

Queen and Privy council

Back

Preview of the back of card 4

Card 5

Front

Dissolving parliament before an election

Back

Preview of the back of card 5
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