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:smiley: Case Studies (Delegated Legislation - DL) (Statutory Instrument…
:smiley: Case Studies (Delegated Legislation - DL)
Order in Council (OIC)
Make laws in times of emergency
PA = The Civil Contingency Act 2004 (formerly the emergency act 1920)
Foot and Mouth Outbreak 2001
PA = United Nations Act 1946
9 11 (nine-eleven) - terrorist attack - regulate terrorist organisations
Update and reform laws
PA = Misuse of Drugs Act 1971
Downgraded Cannabis in 2003 to class C then reclassified in 2008 to B
Statutory Instrument (SI)
2017 - 1,300 SI (normally 3,000-4,000 per year) made compared to 33 PL made
Amend or update existing law
The Dangerous Dogs Act 1991 (home breed dangerous dogs are dangerous - but specifically which?)
Road traffic Act 1988
Construction of motorcycle helmets
PA = National Minimum Wage Act (amendments) currently (2018) £4.20
PA = Health and Safety at Work Act 1974 (work safety regulations)
Bring effect to EU law (jurisdiction)
PA = Humans Rights Act 1998
Commencement Act 2000
PACE - Code of practice (treat criminals in a specific manner)
By-Laws (BL)
Local authorities
PA = Local government Act 1972
Local authorities can make BL for the 'good rule and governance and avoid nuisances'
PA = Clean Neighborhood and Environment Act
Designate 'poop and scoop' areas - if owners don't do that then they will be fined
Public Corporations
PA = Transport Act 2000
London underground - banned smoking on train platforms - published before the Health Act 2006
Super - affirmative Resolution Procedure
PA = Legislative and Regulatory Reform Act 2006
P given greater power of control as the Act gives ministers very wide range of powers to amend Act of Parliament (P could have less control)
Judicial Control
Ultra vires (outside of powers - unlawful and invalid) - void
PA = Jobseeker's Act 1995
Reily v Sec of State for Work & Pensioners (2013)
Situation was that Reily was on benefits and after her graduation she was unable to find a job and she volunteered in local museum in Birmingham but she was forced to volunteer in Poundland and if she doesn't then her benefits would be repealed and Reily argues that this is against the Human Rights Act (HRA)
Procedural ultra vires (doesn't follow procedure of PA)
PA = Industrial Training Act 1964
Aylesbury Mushroom case 1972
Ministers need to consult with relevant parties / groups which they did consult with National Farmers Union (NFU) but not the Mushroom Growers (Contains 85% of members of mushroom growers association
PA = the Local Government Act 1972
Strickland v Hayes (1896)
A local authority by-law that prohibits "singing or recital of obscene songs or ballads or use of obscene language" in public - due to By-law being to wide ranging it was above the power of the Parent Act that was given to them therefore ultra vires (the situation was that a man sang Eskimo Nell in his bathroom with the windows open therefore public could hear it but he was also on his own property)
Intra vires (within power lawful and valid )
R (Rogers) v Swindon NHS Trust 2006
A woman with breast cancer was told if she uses Herceptine Drug there is a 25% higher chance of successful rate but the NHS did not give the Herceptine Drug to her because it was expensive (therefore purely based on cost)
PA = Transport Act 1962
Boddington v British Transport Police (1998)
under the PA of The Transport Act 1962 to make by-laws to ban smoking on train platforms (but the challenge was that the by-law did not include the word 'ban' smoking > Boddington was convicted in Magistrate court and was fined £10 > case reached HoL (now the supreme court) and by-law was declared valid therefore intra vires