Delegated Legislation

Topic 2

Topic 2legislation Delegated

Delegated legislation

Topic 2 Delegated legislation

Types of delegated legislation There are three main types of delegated legislation: • bylaws • statutory instruments • Orders in Council

Topic 2 Delegated legislation

Introduction to delegated legislation Parliament does not have the time or the expertise to pass every law that is required each year !t is therefore necessary for it to give some of its power to other people and organisations to ma"e laws Parliament gives this power in an enabling Act

Topic 2 Delegated legislation

Bylaws #ylaws are made by local councils and other public bodies $or example% a local council might wish to ban drin"ing in its town centre ¬her example would be the fines incurred by people who let their dogs foul in public par"s Public corporations% such as the bus and train services% are able to impose fines for non'payment of fares

Topic 2 Delegated legislation

Statutory instruments (tatutory instruments are regulations made by government departments to implement the provisions made in &cts of Parliament $or example% the )epartment of Constitutional &ffairs can ma"e changes to the provision of legal aid under the *egal &id &ct +,,-

Topic 2 Delegated legislation

Orders in Council Orders in Council are laws passed by the Privy Council% which is a group of senior politicians who are allowed to ma"e law without the need for the whole of Parliament to be sitting The Privy Council has the power to pass laws in times of emergency with the permission of the queen under the .mergency Powers &ct +,2/ !t may do this in wartime

Topic 2 Delegated legislation

Controls on delegated legislation • general supervision of delegated legislation • parliamentary supervision of delegated legislation • court supervision of delegated legislation

Topic 2 Delegated legislation

eneral supervision !nabling Act: the enabling &ct sets out the powers that Parliament wishes to delegate Consultation: the enabling &ct may specify that certain organisations or experts must be consulted before delegated legislation is made Publication: all delegated legislation is published and made available for interested parties to read

Topic 2 Delegated legislation

Parliamentary supervision • &ll bylaws are chec"ed by the relevant government minister • &ll statutory instruments are scrutinised by a group of  0Ps "nown as a select committee • &ffirmative resolution procedure 'requires some statutory instruments to be voted on by Parliament • 1egative resolution procedure ' means that most statutory instruments become law unless a debate is requested by a 0ember of Parliament 0P3 • 4uestion time ' 5overnment 0inisters are accountable and can be

Topic 2 Delegated legislation

Court supervision "udicial review 6nder 7udicial review% an organisation or member of the public may challenge a piece of delegated legislation in the 8igh Court The 7udge will interpret the wording of the enabling &ct to decide whether the law was made

ultra vires beyond

the

powers granted by Parliament3 !f the legislation is found to be ultra vires% it will be declared void

Topic 2 Delegated legislation

"udicial review Substantive

ultra vires:

delegated legislation will be

declared void if it allows something that the enabling &ct did not intend% eg Commissioners of Customs and Excise v Cure and Deeley  +,923% or if the law made under the enabling &ct is unreasonable; / &cts of Parliament per year !t is therefore vital for it to delegate power to ma"e the thousands of other necessary laws • !t is fle#ible )elegated laws can be passed more quic"ly if they are not required to go through the official legislation process • !t is made by e#perts

Topic 2 Delegated legislation

Disadvantages of delegated legislation • !t is undemocratic because it is made by unelected people rather than by Parliament • The sheer quantity of delegated laws made each year ma"es it difficult for t$e public to be informed of all the changes to the law • <hough there are controls and chec"s for delegated legislation% the large quantity ma"es it difficult for proper scrutiny to occur