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what is delegated legislation -delegated legeslation is law made by other bodies other than parliament but with authority from parliament
parent act (enabling act) -specifies areas in which laws can be made, in what circumstances they can be made, who can make them and procedures which must be followed when making those laws
why do we need DL -quick-saves parliament time -made with expert knowledfe eg cabninet ministers- experts in their field -councils+cos have better local knowledge than the government -the people making the laws have time to consult everybody effected unlike parliament
who makes orders in council - privy council, queen, senior politicians and judges
when are they made -nat. emerg. when HoP not sitting under emergency councilact 1920 and civil constingencies act 2004 -transfer respons. between gov. depart. comply w/ eu directives -bing act into force -deal w/ foreign affairs -dissolve parliament (after election)
civil contingency act 2004 - establishes what local councils will do in emergencies -emerg. powers, establish modern framework for use of special legislative measures that might be nec. to deal w/ effect of most serious emergencies- key= update definition of emergency
Example of OIC in national emergency where parliament aren’t sitting - suspending flights in and out of the UK on 9/11
Example of OIC bringing act of parliament into force - cannabis- class B -> C -> (OIC) B Under misuse of drugs act 1971
Misuse of drugs act 1971 main offences -possess. of controlled drug unlawfully -possess.of controlled drug w/ intent to supply it - supply or offer to supply controlled drug - allowing permises you occupy or manage to be used unlawfully for purpose of producing or supplying controlled drugs
Example of OIC dealing with foreign affairs Declaring war
Example of OIC to transfer responsiblilitirs between government departments - Scottish parliament and welsh assembly created, power from Westminster transferred
Statutory instruments info - most common DL 3000 each year -made by Gov ministers for their area of responsibility - can’t be sub delegated to other ministers
When are SIs made - to update laws (small changes) - to update fines for criminal offences -commencement orders (specify date that law comes into force)
Example 1 in updating the law - changes to a levels (minister of educatoon(
Example 2 updating the law Upping minimum wage under national minimum wage act 1998
Example 3 of SIs changing law Police codes of practice- powers relating to stop and search, arrest and detention (minister of justice) POLICE AND CRIMINAL EVIDENCE ACT 1985
what are by-plaws laws made by councils and corprations to cover a specific area
who makes by laws -local fovernment under local government acrt 1972 - public bodies / companies- cover matters withing juristiction that affect public
example of bylaw made by local gov. dog fowling fines under clean neighbourhood and environment act 2005
example of by-laws made by corp - fines in railways for buyoing the wrong ticket
local gv act 1972 The Local Government Act 1972 is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974.
clean neighbourhood and environment act 2005 n particular the Act includes sections on nuisance and abandoned vehicles, litter, graffiti, waste, noise and dogs.
why dio we need controls on DL - delegated to non democratically elected bodies -delegated to so many bodies -so powers cannot be abused/misused
parliamentary controls -limitations to the parent act - removal of the parent act -scrutiny committe -amendment/repeal -affirmative resolution -negative resolution -joint select comittee -quesytioning of ministers -the gweegislative and regulatory reform act 2006
limitations to the parent act initial way parliament set control over dl
removel of the parent act parliament may amend or demolish the parent act
amendment/repeal parliament may amend or repeal the piece of dl
scrutiny commitee (IN COMMITTEE STAGE) checks bills for innapropriate provisions, brought to HOL before bill goes to committee stage
affirmative resolution (SIS ONLY) some SI ,may be approved by gov. before becoming law. must be done within 28-40 days
example of affiirmative resolution -required before new or revised policee codes of practiose under PACE act 1984
PACE act 1984 The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers
negative resolution -must be used within 20 days of rec. unless parl. objects. - SI becomes law unless rejected by parliament in 40 days
joint select committee (SIs only) review SI, report back to HoP. reasons for refferal 1.impose tax or charge (only elected bpdies have right) 2.retrospective (must be prospective) 3. unclear or defective in some wayt 4. beyond powers set out by parent act
questioning of ministers can be questiioned by parliament on work of department -held accountable in qurstion time
The Legislative and Regulatory Reforms Act 2006 (SIS ONLY) -Replaces the powers granted in the Regulatory Reform Act 2001 to make Regulatory Reform Orders. RROs are a legislative vehicle for amending primary legislation by ministerial order, without the need for parliamentary debate or the creation of new primary
super affirmative resolution procedure -affirmative resolution with a senior MP backing the law
judicial controls -judicial review -precedudural ultra vires - substantive ulra vires -unreasonableness
judicial review -procedure used by High Court to ensure that the decision of the public challenge because if affected and think its unfair
ultra vires beyond the powewrs
procedural ultra vires instrument may be declared invalid if minister 7 body to whom the power to make law has not followed procedure set out in parent act
aylesbury mushroom case 1972 - had not followed procedure. sent letter abt change but parent act said mushroom growers have to be consulted , so it was challenged by the mushroom growers in aylesbury
substantive ultra vires when the person exceeded power given in parent act, they acted ultra vires
AG vs fulham corporartion -corp. given power to give waShing facilities, gave chance for an employee to wash your clothes for you, never said you can do that in parent act so ultra vires
unreasonableness if it contains power to make unreasonable regulatory
r v swindon nhs trust 2006 -breast cancer patient was refused medication as her case was not 'exceptional' -considered unreasonable
strickland v hayes bc 1896 -council passed by-law prohibiting singing obscene songs, ballad and language. unreasonaqble because it covered acts in public- ultra vires so void
when else can dl be declared void -where it imposes law -where it allows sub delegation -where they conflict with EU`
advantages of DL Saves Parliamentary time Technical expertise & local knowledge Allows consultation Allows quick law making Democratic
diadvantages of dl Undemocratic Risk of sub-delegation Large volume & lack of publicity Difficult wording Contradicts Separation of Powers
saves parliamentary time Parliament do not have the time to deal with all the detailed laws. By using delegated legislation, Parliament can focus on more important issues that require their attention.
technical experise and local knowledge People with specialist/ local knowledge are involved in the preparation of delegated legislation. Parliament does not necessarily possess this specialist/local knowledge.
allows consultation Ministers can have the benefit of consultation with other bodies before the regulations are drawn up. Important for regulations on technical matters.
allows quick law making -can be passed quickly e.g. emergencies Parliament take too long which would be inappropriate and ineffective in emergency situations. Flexible as it allows Parliament to amend or revoke a piece of delegated legislation easier than an Act of Parliamen
democratic To an extent, it is democratic because Government Ministers, who are responsible for issuing statutory instruments and who also approve by-laws are elected.
undemocratic The Queen and Privy Council are not elected yet approve Orders in Council. SI’s are drafted by civil servants and often only rubber-stamped by the appropriate Minister.
risk of sub delegation SI’s are supposed to be made by Government Ministers, but in reality they often merely rubber-stamp laws actually made by their civil servants.
large volume and lack of publicity Delegated legislation are not publicised. This means that an enormous volume of law is passed without the public being aware of it. Much remains unpublicised even after coming into force.
difficult wording Obscure (unclear) wording which can be difficult to understand. This then makes it difficult for the laws to be interpreted.
contradicts seperation of powers The Executive The Legislature The Judiciary No-one should be a member of more than one of the three branches of power, and the three branches should operate separately from each other
Created by: tamzinlittle