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Delegated legislation - Coggle Diagram
Delegated legislation
Evaluation
Allows technical expertise
Important in an emergency
Saves time
Allows for reform
Advantages-
Disadvantages-
Not democratic
Lack of public awareness
Limited control
Reasons for delegated legislation
Deals with complex issues
Quick to amend
Saves time
Allows a fast legislative process
Allows for the updating of primary legislation
It allows for local needs and concerns to be met
Controls for delegated legislation
Controls over delegated legislation are important for a number of reasons:
it is made quickly
lacks time for proper scrutiny
is undemocratic
lacks the publicity
Parliamentary controls are put in place before the law is created
Enabling Acts lays down the nature and scope of the delegated powers
Affirmative resolution
Parliament is required to vote its approval of the delegated legislation
Super-affirmative resolution
Legislative Reform Orders (LROs) made under the Legislative and Regulatory Reform Act 2006 (LRRA) requires ministers to have regard to a wide range of recommendations, resolutions and representations when making the DL.
Negative resolution
Statutory instrument must be laid before Parliament for 40 days. after the 40 days instrument will become law unless Parliament has objected
Scrutiny committees
3 types-
The Joint Select Committee on Statutory Instruments- power to draw the attention of both Houses to an instrument
The House of Lords Delegated Powers Scrutiny Committee-‘keeps under constant review the extent to which legislative powers are delegated by Parliament to government ministers’.
House of Lords Secondary Legislation Scrutiny Committee considers the policy merits of any statutory instruments or regulations that are subject to parliamentary procedure.
Made by parliament and the courts
Judicial Controls
Substantive ultra vires
Where the body or individual making the decision has used authorised powers in an unauthorised way e.g. went beyond their powers (could be by adding a tax)
R v Secretary of State for Education and Employment, ex parte NUT (2000)
Control by the courts
The process allows the court to determine whether a decision-maker whose decisions affect the public has gone beyond their powers in categories.
Substantive ultra vires for unreasonableness
(aka Wednesbury reasonableness)
Where the body or individual making the decision makes a decision which no reasonable body or individual in the same situation would do – unreasonable
Associated Picture Houses v Wednesbury Corporation (1948)
Procedural ultra vires
Where the body or individual making the decision has failed to follow some procedure or requirement laid down in the legislation
Agricultural Training Board v Aylesbury Mushrooms (1972)
3 types-
Orders in council
Used in an emergency or when government aren't sitting
In emergency situations (Civil Contingency Act 2004)
Statutory instruments
Public issues
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Bylaws
Dealing with local issues
Public spaces protection order
Comes from the Local Government (Miscellaneous Provisions) Act 1982
Delegated legislation when government gives power to other bodies to create law
The authority is given by the parent act called the enabiling act