Delegated Legislation

What is delegated legislation?

secondary legislation made by enabling bodies under primary legislation

What are the types of delegated legislation?

statutory instruments

by laws

orders of council

parliamentary controls

What are statutory instruments?

docs made under a parent/enabling act

Who writes SIs?

gov ministers

SI aka

regulations

order

What can a SI do?

update a law

add detail to an act

bring (part of) an act into force

comply w/ directive of EU

eg updating a law using an SI

National Minimum Wage Act (1998)

eg bringing an act into force using an SI

Railways Commencement Order (2005)

eg complying w/ directive from EU using SI

Sale and Supply of Goods and Services Act (2002)

What do by laws do?

make laws for good government of areas, regulate public behaviour

Who make by laws?

local authorities

public bodies

What Act are many by laws made under?

Local Government Act (1972)

eg of a by law for good government of areas

dog fouling

What is the parent act of dog fouling?

Clean Neighbourhood and Environment Act (2005)

eg parent act over multiple by laws to regulate public behaviour

Railways Act 1993

What are orders of council?

by laws made by King and Privy Council

Who are the Privy Council?

420:

current/past gov ministers

royals

arch bishes

senior judges

How many of the Privy Council attend to make OoC?

3 or 4

Why are OoC made?

transfers responsibilities between gov depts

dissolve Parliament pre election

bring Acts into force

deal w/ foreign affairs

National Emergencies

(comply w/ EU directives)

e.g OoC to deal w/ foreign affairs?

Afghanistan (UN Sanctions) Order 2001

What can Parliamentary Controls do?

specify people who can make/extend law

repeal

amend

specify gov ministers to approve by laws

Scrutiny Committees

Who are in Scrutiny Committees?

MPs and peers

What do Scrutiny Committees do?

review SIs

highlight areas that need to be referred back to Parliament

What are the 2 results of a Scrutiny Committees?

positive/affirmation resolution

negative resolution procedure

What is a positive/affirmation resolution?

SIs must be approved by vote before it becomes law within 28-40 days before it becomes law

What is a negative resolution procedure?

SI becomes law unless it is annulled w/ in 40 days

What can DL be subject to?

Judicial ReviewW

What is judicial review?

when the High Court deems DL beyond powers of parent/enabling act it can declare it ultra vices

What the types of ultra vices?

procedural

substantive

unreasonable

procedural uv

DL not been made by procedures in specified parent Act

e.g procedural uv

Aylesbury Mushroom Case

substantive uv

content of DL is beyond parent Act

eg substantive uv

A-G v Fulham Corporation

e.g unreasonable uv

Rogers v Swindon NHS Trust

In what other cases can dl = uv

sub delegation w/ out consulting interested parties

conflicts w/ European Legislation

Advs of dl

saves time

specialist involved

completes detail of Act

disadv of dl

partly undemocratic

insufficiently publicised

offends separation of powers