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Mapa mental

Delegated Legislation

Bethany Taylor6022 LAW AS - Level Inglês

Mind map on delegated legislation: types, reasons for it, parliamentary control and ultra vires

Mind map: Delegated legislation

Conteúdo do mapa

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

Informações

Descrição
A summary of delegated legislation
Visualizações
93
Tags
lawlegislationdelegated
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