delegated legislation

What is delegated legislation?

Law made by other bodies or individuals under powers given by Parliament

Why is legislation the primary source of law in the UK?

To meet the needs of a rapidly developing society

Why does Parliament delegate law-making powers?

Limited time and need for expertise

What are reasons for delegated legislation?

Emergencies, local specificity, technical knowledge

What is the Parent or Enabling Act?

Primary legislation allowing others to make law

What does the Enabling Act provide?

A broad framework, with details filled by delegated legislation

What are statutory instruments?

Rules or regulations made by Government ministers under the Enabling Act

Who makes statutory instruments?

Government ministers

Example of a statutory instrument in transport?

Road Traffic Regulation under RTA 1988

What law allows changes to education regulations?

Education Act (via Education Minister)

What are Orders in Council?

Laws drafted by government, approved by King & Privy Council

When are Orders in Council used?

In emergencies when Parliament isn't sitting

What Acts authorize Orders in Council?

Emergency Powers Act 1920, Civil Contingencies Act 2004

What was an example of an emergency Order in Council?

After 9/11 under UN Act 1946 banning terrorist funding

What is a bylaw?

Local laws made by local authorities or public bodies under Enabling Acts

What is the Enabling Act for local authority bylaws?

Local Government Act 1972

Example of a bylaw about dog fouling?

Clean Neighbourhoods & Environment Act 2005

Who approves delegated legislation?

Relevant government minister

Are bylaws enforceable?

Yes, by the courts

What is an example of bylaws by a company?

Railway bylaws under Railways Act 1993

Case example of railway bylaw enforcement?

Boddington v British Transport Police (1998)

What was Boddington doing wrong?

Smoking on a train, violating 1965 bylaw

What controls Parliament has over DL?

Passing the Enabling Act, revoking DL, making overriding laws

What is Parliamentary Sovereignty?

Parliament can override or revoke DL at any time

What is the Affirmative Resolution Procedure?

SI becomes law only if Parliament votes yes within 28–40 days

What’s a problem with the Affirmative Resolution Procedure?

Parliament can’t amend, only approve or reject

What is the Negative Resolution Procedure?

DL becomes law unless rejected by Parliament within 40 days

What’s a problem with the Negative Resolution Procedure?

Most SI are not reviewed; no requirement to look

What is the Scrutiny Committee?

Reviews all SI and refers issues back to Parliament

When does the Scrutiny Committee intervene?

If DL exceeds power, ignores procedure, or is unclear

What power does the Scrutiny Committee have?

Can refer issues but cannot change legislation

What is judicial control over DL called?

Judicial review

What is needed to challenge DL in court?

Must be affected by it and file within 3 months

What does ultra vires mean?

Beyond the legal power granted

What happens to ultra vires legislation?

It is void and ineffective

What is substantive ultra vires?

DL goes beyond the scope of the Enabling Act

Case for substantive ultra vires?

R v Home Secretary, ex parte Fire Brigade Union (1995)

What was the issue in Fire Brigade Union case?

Home Secretary unlawfully changed compensation scheme

What is procedural ultra vires?

Procedure set in Enabling Act not followed

Case for procedural ultra vires?

Aylesbury Mushrooms Ltd (1972)

Why was the DL void in Aylesbury case?

Minister failed to consult required body

What is Wednesbury Unreasonableness?

Judicial control if DL is irrational or unreasonable

Case example for Wednesbury unreasonableness?

Strickland v Hayes Borough Council (1896)

Why was the DL void in Strickland case?

Bylaw too broad, banning acts even in private

Problems with judicial controls on DL?

Rarely used; limited public awareness, costs, short deadlines

Why is delegated legislation needed?

Parliament doesn’t have time to make all laws

How many Acts does Parliament pass yearly?

70–80

How many SIs passed yearly?

Over 3000

Why is DL better for local/specialist issues?

Local councils and experts know their areas best

Why is DL considered democratic?

Elected ministers and councillors make/approve DL

Why is DL good in emergencies?

Allows fast lawmaking (e.g., after 9/11)

Why is DL flexible?

Easier to amend than full Acts of Parliament

Example of flexible DL?

SI changing national minimum wage under 1988 Act

Why is DL partly undemocratic?

Allows unelected individuals to make law

Why is control of DL sometimes ineffective?

Not all DL reviewed; hard to challenge in court

Why is DL poorly publicized?

Not debated in Parliament, media coverage is limited

What’s the risk of poor publicity?

Public unaware of many laws affecting them