Delegated legislation

delegated legislation (def.)

law made by some person or body other than Parliament, but with the authority of Parliament

3 types of delegated legislation

• Orders in Council - made by the monarch and Privy Council

• statutory instruments - made by gov ministers

• By-laws - made by local authorities or public corporations

4 reasons for DL

• detailed law

• expert knowledge

• local knowledge

• consultation

on what matters orders in Council can be made and an example ?

bringing Acts of Parliament into force; transferring responsibility between gov departments - eg The Misuse of Drugs Act 1971 (Amendment) Order 2008

examples of statutory instruments

ministers such as Minister of Work and Pension will be able to make regulations - Code of Practice under PACE

what are the by laws - examples

a county council can pass laws affecting the whole county - local parking regulations

+/- of control by Parliament over delegated legislation (5 methods)

• Enabling Act - Parl can amend or repeal Act and sets limits - the powers in the Act may be very wide

• Delegated Powers Scrutiny Committee - looks at proposed powers before they are enacted; should ensure that only appropriate powers are given - can only report, not amend

• Affirmative resolution - Means Parliament must agree w regulations - time consuming

• Negative resolution - Gives MPs the opportunity to check SIs - unlikely that many will be look at under this procedure

• Scrutiny Committee - ensures that they do not impose taxes; go beyond powers; are not retrospective - only report, does not change the Act ; only technical check

+/- of control by the courts over deleg leg (1)

Judicial review( Doctrine of ultra vires) - anyone affected by DL can ask for a judicial review - court can declare DL void - expensive to take court proceedings, can do this only if the correct procedure has not been followed OR if DL goes beyond the power given by the enabling Act

what is ultra vires? + case

it goes beyond the powers that Parliament granted in the enabling Act. When any DL is ultra vires, then it is not valid law

Aylesbury Mushroom case

+ of DL (5)

• saves parliamentary time

• allows use of expert or local knowledge

• allows consultation

• quick to make

• easy to amend

- of DL (4)

• undemocratic

• risk of sub delegation

• large volume and lack of publicity

• complex wording