Delegated Legislation

Bethany Taylor6022
Mind Map by , created almost 4 years ago

A summary of delegated legislation

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Bethany Taylor6022
Created by Bethany Taylor6022 almost 4 years ago
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Delegated Legislation
1 What is delegated legislation?
1.1 Law made by a person or body who Parliament has delegated law-making power.
2 Why do we need delegated legislation?
2.1 Saves time
2.2 Flexibility
2.3 Local Knowledge
2.4 Specialist Knowledge
2.5 Emergencies or unforeseen circumstances
3 What types of delegated legislation is there?
3.1 Orders in Council
3.2 By-Laws
3.3 Statutory Instruments
4 When may it be used?
4.1 To update a law
4.2 Fill in the gaps in a law
4.3 Bring an Act, or part of one into force
4.4 Law made to comply with EU Directives
5 Statutory Instruments
5.1 Laws made by by a government minister under the authority of a Parent Act within their area of ministerial responsibility
5.2 Are drafted by the legal department of the relevant government department
5.3 Roughly 3000 are made each year
5.4 Examples of Statutory Instruments:
5.4.1 Hunting act 2004: Allow more than 2 dogs to be used to flush out foxes (Potential Change)
5.4.2 EU Directives: Unfair Terms in Consumer Contracts Regulations 1999: Gave effect to the Unfair Terms in Consumer Contracts Directive 1993
6 By-Laws
6.1 Laws made by local authorities and public corporations or companies. Must be confirmed by the relevant government ministers
6.2 Need them for local knowledge
6.3 Made by City Councils
6.4 Examples of By-Laws:
6.4.1 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.
6.4.2 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
6.4.3 R V Boddington saw Mr Boddington fined £10 for smoking on a train - breaking the by-law
6.4.4 No Ball Games
6.4.5 Alcohol Free Zone
7 Order in Council
7.1 600 Members
7.2 A Law made by the Privy Council
8 Privy Council
8.1 Body made up of senior current and former politicians, senior judges and members of the Royal Family
9 Ways Parliament control delegated legislation:
9.1 Scrutiny Committee
9.2 Affirmative Resolution
9.3 Negative Resolution
9.4 Enabling Act itself
10 Can be challenged under these grounds:
10.1 Procedural Ultra Vires
10.1.1 Aylesbury Mushrooms 1972
10.2 Substantive Ultra Vires
10.2.1 State of Education ex part NUT 2000
10.3 Unreasonableness
10.3.1 Hayes Borough Council 1896
11 Ultra Vires = Gone beyond their powers given to them in the Enabling Act
12 Courts Control it through:
12.1 Judical Review

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