Changing the way you learn

What is delegated legislation?
1. Law made by a person or body who Parliament has delegated law-making power.
Why do we need delegated legislation?
1. Saves time
2. Flexibility
3. Local Knowledge
4. Specialist Knowledge
5. Emergencies or unforeseen circumstances
What types of delegated legislation is there?
1. Orders in Council
2. By-Laws
3. Statutory Instruments
When may it be used?
1. To update a law
2. Fill in the gaps in a law
3. Bring an Act, or part of one into force
4. Law made to comply with EU Directives
Statutory Instruments
1. Laws made by by a government minister under the authority of a Parent Act within their area of ministerial responsibility
2. Are drafted by the legal department of the relevant government department
3. Roughly 3000 are made each year
4. Examples of Statutory Instruments:
  1. Hunting act 2004: Allow more than 2 dogs to be used to flush out foxes (Potential Change)
  2. EU Directives: Unfair Terms in Consumer Contracts Regulations 1999: Gave effect to the Unfair Terms in Consumer Contracts Directive 1993
By-Laws
1. Laws made by local authorities and public corporations or companies. Must be confirmed by the relevant government ministers
2. Need them for local knowledge
3. Made by City Councils
4. Examples of By-Laws:
  1. 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.
  2. 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
  3. R V Boddington saw Mr Boddington fined £10 for smoking on a train - breaking the by-law
  4. No Ball Games
  5. Alcohol Free Zone
Order in Council
1. 600 Members
2. A Law made by the Privy Council
Privy Council
1. Body made up of senior current and former politicians, senior judges and members of the Royal Family
Ways Parliament control delegated legislation:
1. Scrutiny Committee
2. Affirmative Resolution
3. Negative Resolution
4. Enabling Act itself
Can be challenged under these grounds:
1. Procedural Ultra Vires
  1. Aylesbury Mushrooms 1972
2. Substantive Ultra Vires
  1. State of Education ex part NUT 2000
3. Unreasonableness
  1. Hayes Borough Council 1896
Ultra Vires = Gone beyond their powers given to them in the Enabling Act
Courts Control it through:
1. Judical Review

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Delegated Legislation

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	Created by Bethany Taylor6022 almost 9 years ago