Delegated Legislation

Delegated Legislation

1. What is delegated legislation?

   • Law made by a person or body who Parliament has delegated law-making power.

2. Why do we need delegated legislation?

   • Saves time
   • Flexibility
   • Local Knowledge
   • Specialist Knowledge
   • Emergencies or unforeseen circumstances

3. What types of delegated legislation is there?

   • Orders in Council
   • By-Laws
   • Statutory Instruments

4. 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

5. 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

6. 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

7. Order in Council

   • 600 Members
   • A Law made by the Privy Council

8. Privy Council

   • Body made up of senior current and former politicians, senior judges and members of the Royal Family

9. Ways Parliament control delegated legislation:

   • Scrutiny Committee
   • Affirmative Resolution
   • Negative Resolution
   • Enabling Act itself

10. Can be challenged under these grounds:

    • Procedural Ultra Vires
      • Aylesbury Mushrooms 1972
    • Substantive Ultra Vires
      • State of Education ex part NUT 2000
    • Unreasonableness
      • Hayes Borough Council 1896

11. Ultra Vires = Gone beyond their powers given to them in the Enabling Act

12. Courts Control it through:

    • Judical Review