A Level Law - Delegated Legislation

Delegated Legislation

Delegated Legislation

Laws made by authorities, who are delegated the power to do this by an act of parliament

Enabling Act

Gives law making powers to other official bodies

Example of an Enabling Act

Emergencies Powers Act 1920

Orders in Council

Laws drafted by government departments and authorised by Queen and Privy Council

An example of an order in council

Falklands War under Emergencies Powers Act 1920

The time when orders in council can be made

When there is a national crisis or emergency

Orders in Council may also...

-Make laws when Parliament isn't sitting -Transfer responsibility between government departments -Transfer power to dissolved assemblies (Wales)

Statutory Instruments

Regulations made by government ministers

Statutory Instruments may be named in the form of

Regulations, orders, rules and code of practices

An example of a Statutory Instrument

Equality Act (Sexual Orientation) Regulations 2007 under Equality Act 2007

By Law

Rules made by local authorities and public bodies

Example of a By Law

Local Government (Miscellaneous Provisions) Act 1980 under the Local Government Act 1972

Negative Resolution

Allows any MP to put down a motion to annul the delegated legislation within 40 days

Affirmative Resolution

Procedure where delegated legislation has to be approved by Parliament

Super Affirmative Resolution

A procedure used to oversee reform orders made under the Legislative and Regulatory Reform Act 2006

Scrutiny Committee

Body that can review all statutory instruments and draw any problems to Parliament's attention

Amount of Statutory Instruments of delegated legislation produced between 2010 to 2014

Over 3000

Judicial Review

Allows the court to determine the lawfulness of delegated legislation

Ultra Vires

Acting in excess of the powers granted

Substantive Ultra Vires

Where the delegated legislation goes beyond what Parliament intended

Example of Substantive Ultra Vires

A-G v Fulham Corporation

Procedural Ultra Vires

Aylesbury Mushroom Case

Substantive Ultra Vires for unreasonableness

Where the delegated legislation is made which no reasonable body or individual, in same situation, would do

Example of Substantive Ultra Vires for unreasonableness

R (Rogers) v Swindon NHS Trust