Delegated Legislation
Ministers use delegated legislation to make changes to the law under powers given to them in an Act of Parliament.
Orders in Council
Statutory Instruments
Bylaws
Statutory Instruments (SIs) are a form of legislation which allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act.
Health Act 2006
Bylaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done or not done in a specified area. They can also be made in response to local problems
An Order in Council is an order by the King or Queen at a meeting of the Privy Council, In times of emergency, a government may issue legislation directly through Orders in Council, rather than going through parliament.
Misuse of Drugs Act
Devolution
This is the process of transferring power from central government to regional or local government (eg the Welsh Government)
The Government of Wales Act 1998
Supreme Court in Devolution
Supreme Court was established in 2009 (The Constitutional Reform Act 2005)
It can rule on devolution cases in constitutional matters
Control of delegated legislation
Control of delegated legislation
The affirmative resolution procedure
Committee supervision
The negative resolution procedure
Super-affirmative procedure
Revocation
Questions from MPs
MPs can ask ministers questions about delegated legislation at question time, or raise them in debates.
Statutory Instruments are subject to review by the Joint Committee on Statutory Instruments, it reports to the House of Common or Lords on Statutory Instrument which needs special consideration
The procedure provides Parliament with more power to scrutinise the proposed delegated legislation
The delegated legislation will not become law unless specifically approved by Parliament
Relevant delegated legislation will be law unless rejected by Parliament within 40 days
Parliament can at any time revoke a piece of delegated legislation.
Judicial Controls
Procedural Ultra Vires
When the procedures set out in the enabling act have not been followed
Unreasonableness
Procedural Ultra Vires
Is the delegated legislation reasonable?
This is when delegated legislation goes beyond what parliament intended
Agricultural Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms
Customs and Excise v Cure and Deesley
Associated Provincial Picture Houses v Wednesday Corporation