Delegated Legislation

Oli Booty
Mind Map by Oli Booty, updated more than 1 year ago
Oli Booty
Created by Oli Booty about 5 years ago
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AS Law Mind Map on Delegated Legislation, created by Oli Booty on 03/02/2015.
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Delegated Legislation
1 Parent/enabling Act
1.1 This term can be used becuase the delegated legislation can be viewed as the off spring or product of the original Act
1.2 Within the Act there will be authority for a specified person or body to make further more detailed law
1.3 the Act will specify the are within which law can be made, any procedures that the delegated person or body must follow when making the law
2 Types DL
2.1 Orders in Council
2.1.1 Privy Council
2.1.1.1 A body made up of senior current and former politicans, senior judges and members of the Royal Family
2.1.1.1.1 420 members but only 3 or 4 members attened meetings in which OiC are made
2.1.1.2 Orders in Council
2.1.1.2.1 Made by government and given to the Privy Council to approve
2.1.2 Resposibilties
2.1.2.1 Transfering resposibilties between givernment departments or diffrent parliaments/assemblies, dissolving Parliament before an election, bringing an Act of Parliament into force, dealing with foregin affairs (Afganistan Order 2001), times of emergency (9/11 caused The Terroism Order 2001)
2.2 Statutory instruments
2.2.1 Laws made by Government ministers within the are of their resposibility
2.2.2 Often used to update law like to update the amount of a fine a criminal may have to pay or the amount of what the minimum wage is set at under the Minimum Wage Act 1998
2.2.3 In 2010 2971 statutory instrumenbts were made
2.3 By-laws
2.3.1 Made by local authorities and public corpirations or companies, they apply to a local suthority are or the public body only, then they are enforcable in the courts
2.3.2 Local authroities like local councils can make By-laws which are only enforcable in that are of which they have power over. Examples of these can be drinking alchol in public places or the fouling of public areas by dogs
2.3.2.1 Dog fouling's parent act can be Clean Neighbourhood and Environment Act 2005. This is were a local authority can: designate areas of land on which it is an pffence for anyone to fail to remove dog faeces deposited by a dog for which he or she is responsible, to ban dogs from areas of land such as beaches, parks and children's playground
2.3.2.2 Most by-laws made under the authority of the Local Government Act 1972. For example, you can't drink in designated areas and these must be accomapnaied by signs.
2.3.3 Some bodies can make by-laws to regulate the publics behavouir while on their property
2.3.3.1 Railways Act 2003, railway companies can issue by-laws about behaouir of the public on their station and trains
2.3.3.2 Boddington v British Transport Police (1998) a man got fined £10 by the courts for smoking on a train
3 Control on delegated legislation
3.1 Parliamentry Control
3.1.1 The parent Act sets out the limits within which delegated law must be made or the procedures to be followed
3.1.2 Parliament can repeal or amend the delegated legislation
3.1.3 All delegated legislation, including by-laws, are made under the authority of government ministers
3.1.4 It is the role of the ScrutinyCommittee to review stattory instruments and refer any requiring further consideration back to the houses
3.1.5 House of Lords Delegated Powers Scrutiny Committee checks the enabiling provisions of the parents Acts
3.1.6 The statutory Instruments Act 1946 requires all statutory instruments to be published
3.1.7 SI is laid before both houses and needs to be approved by both for it to become law (affirmative). Can become nullified if not laid down and still passed though (negative)
3.1.8 Ministers can be held accountable in Question Time or during debates
3.1.9 Parliament can remove the power to make DL
3.2 Judicial Controls
3.2.1 Produces Ultra Vires - delegated legislation is void becuasethe procedures set out in the parent Act for creating it have not been followed, as in Aylesbury Mushroom Case (1972)
3.2.2 Substantial Ultra Vires - delegated legislation is void becuase the content exceeds the limits se out in the parent Act for example Customs and Excise Comminssioners v Cure and Deeley LTD (1962)
3.2.3 Unreasonableness - delegated legislation is void because it is so unreasonable, for example R v Swindon NHS Trust (2006)
4 Advantages
4.1 Saves Parliament time. It is Flexible It is made by people with local knowledge. There is no control over DL. It is to an extent democratic.
5 Disadvantages
5.1 Lack of publicity. Some delegated legislation offends the separation of powers. There s a risk of sub delegation. There is a lack of effective control. It is to an extent undemocratic
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