Delegated legislation

Delegated legislation

1. Parent/ Enabling Act

   • Gives power to other bodies to make laws

2. Statuatory Instruments

   • Statutory instruments are regulations made by government departments to implement the provisions made in Acts of Parliament.
   • Made by: Government Minister and departments
   • Example: Codes of practise under PACE

3. Bylaws

   • Bylaws are made by local councils and other public bodies.
   • Made by: Local Authorites
   • Example: Local Parking regulations

4. Orders in Council

   • Orders in Council are laws passed by the Privy Council and the Queen
   • Made in times of emergency because of the Emergency Powers Act 1920
   • Example: the Misuse of Drugs Act 1971 Order 2008

5. Control of Delegated Legislation

   • General
     • Enabling Act: the enabling Act sets out the powers that Parliament wishes to delegate.
     • Consultation: the enabling Act may specify that certain organisations or experts must be consulted before delegated legislation is made.
     • Publication: all delegated legislation is published and made available for interested parties to read.
   • Parliamentary
     • All bylaws are checked by the relevant government minister.
     • All statutory instruments are scrutinised by a group of MPs known as a select committee.
     • Affirmitive Solution - means that statuatory instruments wull not become law unless specifically approved by Parliament effects a small number
     • Question time
     • Negative Solution - means that relativant statuatory instrument will be law unless rejected by Parliament within 40 days
   • Judical
     • an organisation or member of the public may challenge a piece of delegated legislation in the High Court.
     • ultra vires (beyond the powers granted by Parliament).
     • Substantive ultra vires: delegated legislation will be declared void if it allows something that the enabling Act did not intend, e.g. Commissioners of Customs and Excise v Cure and Deeley (1962)
       • or if the law made under the enabling Act is ‘unreasonable’ (‘Wednesbury unreasonableness’).
     • Procedural ultra vires: the enabling Act may set out certain procedures that must be followed before delegated legislation can be passed, e.g. Agricultural, Horticultural and Foresty Training Board v Aylesbury Mushrooms Ltd (1972).

6. Advantages

   • saves time
   • Allows specialism
   • Allows consultation
   • Allows Local Knowledge

7. Disadvantages

   • Undemocractic
   • Lack of Publicity
   • Large volume