2418494
Description
Mind Map by kristielamb, updated more than 1 year ago
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Created by kristielamb
about 9 years ago
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Delegated Legislation
- Types of delegated legislation
- This is law made by some person or
body, other than Parliament
- Parent /enabling Act creates the framework of
the law and then delegates powers to others to
make more detailed law in the area
- Parent /enabling Act creates the framework of
the law and then delegates powers to others to
make more detailed law in the area
- Orders in council
- Includes the Queen and the Privy council
- Giving legal effect European Directives
- Transferring responsibility between Government departments
- Bringing Acts of Parliament into force
- The privy council has power to make law in emergency situations
- Includes the Queen and the Privy council
- Statutory Instruments
- Regulations or orders made by government ministers, they are often used to update law
- There are about 15 different departments in the government, each one
deals with different areas of policy and can make rules and regulations
for the area it deals with
- Regulations or orders made by government ministers, they are often used to update law
- By -laws
- Cover matters within their own area
- Include parking restrictions &
banning drinking in parks
- They can be made by
public corporations
- Cover matters within their own area
- This is law made by some person or
body, other than Parliament
- Control of delegated legislation
- Control is exercised by Parliament and by the courts
- Enabling Act
- Controls what powers are delegated as the enabling Act sets
out the limits within which any delegated legislation must be
made
- Controls what powers are delegated as the enabling Act sets
out the limits within which any delegated legislation must be
made
- Delegated powers scrutiny committee
- Located in the HOL
- It considers whether the provisions of bills going through
Parliament delegated legislative power inappropriatley
- Affirmative resolution
- A small number of statutory instruments will be subject to an affirmative resolution. The statutory
instrument will not become law unless specifically approved by Parliament within a specified time,
usually between 28 and 40 days
- A small number of statutory instruments will be subject to an affirmative resolution. The statutory
instrument will not become law unless specifically approved by Parliament within a specified time,
usually between 28 and 40 days
- Negative resolution
- Most other statutory instruments will be subject to a negative resolution, which means that the
relevant statutory instrument will be law unless rejected by parliament within 40 days
- Most other statutory instruments will be subject to a negative resolution, which means that the
relevant statutory instrument will be law unless rejected by parliament within 40 days
- Joint Select Committee on Statutory Instruments (Scrutiny Committee)
- Affirmative resolution procedure
- Requires both Houses of Parliament to approve the order: even though the
Minster has recommended this procedure Parliament can still require the
super affirmative resolution procedure to be used
- Requires both Houses of Parliament to approve the order: even though the
Minster has recommended this procedure Parliament can still require the
super affirmative resolution procedure to be used
- Negative resolution procedure
- Where the Minster recommends that this procedure should be used, it will be used unless
within 30 days one of the Houses of Parliament objects to this. If the negative resolution
procedure is adopted, the delegated legislation will not become law until it has been laid
before before Parliament for 40 days
- Where the Minster recommends that this procedure should be used, it will be used unless
within 30 days one of the Houses of Parliament objects to this. If the negative resolution
procedure is adopted, the delegated legislation will not become law until it has been laid
before before Parliament for 40 days
- Super - affirmative resolution procedure
- Under the Minister must have regard to:
- Any representations
- Any resolution of either House of Parliament
- Any recommendations by committee of either House of Parliament who are asked to report on the draft order
- Any representations
- Under the Minister must have regard to:
- Located in the HOL
- Control is exercised by Parliament and by the courts
- Control by Courts
- Delegated Legislation can be challenged in the
courts on the ground that it is ulta vires.
- E.g R v Home Secretary, Ex parte Fire Brigades Union (1995)
- E.g Aylesbury Mushroom case (1972)
- E.g R v Home Secretary, Ex parte Fire Brigades Union (1995)
- The court will presume that unless an enabling Act expressly allows it, there is
no power to do any of the following
- Make unreasonable regulations
- Levy taxes
- Allow sub delegation
- Make unreasonable regulations
- Delegated Legislation can be challenged in the
courts on the ground that it is ulta vires.
- Advantages of Delegated Legislation
- Saves time
- The need for technical expertise
- Allows consultations
- Decisions can be made quickly
- Can be changed quickly
- Saves time
- Disadvantages of Delegated legislation
- Undemocratic
- Risk of sub delegation
- Large volume
- Lack of publicity
- Difficult wording
- Undemocratic
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