4224431
Description
Mind Map by Bethany Taylor6022, updated more than 1 year ago
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Created by Bethany Taylor6022
over 8 years ago
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Delegated Legislation
- What is delegated
legislation?
- Law made by a person or body
who Parliament has delegated
law-making power.
- Law made by a person or body
who Parliament has delegated
law-making power.
- Why do we
need delegated
legislation?
- Saves time
- Flexibility
- Local Knowledge
- Specialist Knowledge
- Emergencies or
unforeseen
circumstances
- Saves time
- What types of
delegated legislation
is there?
- Orders in
Council
- By-Laws
- Statutory
Instruments
- Orders in
Council
- When
may it be
used?
- To update a law
- Fill in the
gaps in a
law
- Bring an Act, or
part of one into
force
- Law made to comply
with EU Directives
- To update a law
- Statutory
Instruments
- Laws made by by a government
minister under the authority of a
Parent Act within their area of
ministerial responsibility
- Are drafted by the legal
department of the relevant
government department
- Roughly 3000 are made
each year
- Examples of
Statutory
Instruments:
- Hunting act 2004: Allow
more than 2 dogs to be
used to flush out foxes
(Potential Change)
- EU Directives: Unfair Terms
in Consumer Contracts
Regulations 1999: Gave
effect to the Unfair Terms in
Consumer Contracts
Directive 1993
- Hunting act 2004: Allow
more than 2 dogs to be
used to flush out foxes
(Potential Change)
- Laws made by by a government
minister under the authority of a
Parent Act within their area of
ministerial responsibility
- By-Laws
- Laws made by local authorities and public
corporations or companies. Must be confirmed
by the relevant government ministers
- Need them for local
knowledge
- Made by City
Councils
- Examples of
By-Laws:
- Manchesters Metro have a range of by-laws
covering the use of the metro system including
penalties for not having a valid ticket, drinking
alcohol on a tram or at the stations.
- Railways Act 1993 (Parent Act) allows railway
companies to issue by-laws in respect of the
publics behaviour on their trains or in the
stations
- R V Boddington saw Mr Boddington fined
£10 for smoking on a train - breaking the
by-law
- No Ball Games
- Alcohol Free Zone
- Manchesters Metro have a range of by-laws
covering the use of the metro system including
penalties for not having a valid ticket, drinking
alcohol on a tram or at the stations.
- Laws made by local authorities and public
corporations or companies. Must be confirmed
by the relevant government ministers
- Order
in
Council
- 600
Members
- A Law made by the
Privy Council
- 600
Members
- Privy
Council
- Body made up of senior current and
former politicians, senior judges and
members of the Royal Family
- Body made up of senior current and
former politicians, senior judges and
members of the Royal Family
- Ways Parliament
control delegated
legislation:
- Scrutiny Committee
- Affirmative Resolution
- Negative Resolution
- Enabling Act itself
- Scrutiny Committee
- Can be challenged under these grounds:
- Procedural Ultra Vires
- Aylesbury
Mushrooms 1972
- Aylesbury
Mushrooms 1972
- Substantive Ultra Vires
- State of Education
ex part NUT 2000
- State of Education
ex part NUT 2000
- Unreasonableness
- Hayes Borough
Council 1896
- Hayes Borough
Council 1896
- Procedural Ultra Vires
- Ultra Vires =
Gone beyond
their powers
given to them
in the
Enabling Act
- Courts Control it
through:
- Judical Review
- Judical Review
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