Why do we need it
The rules of interpretation e.g. literal rule - explained with examples, area of law, principles, case law and facts.
advantages and disadvantages
legislation to support learning
Law making: delegated legislation
Delegated Legislation – law made by some person or body other than
parliament but with the authority of parliament
Passing power, responsibility or authority to another person or body
Parliaments authority to make delegated legislation is usually laid down in a
‘parent or enabling’ act of parliament. The enabling act creates the
framework of the law then delegate’s power to others to make more detailed
law in the area. Examples of enabling act include: The access to justice
act 1999 and The Discrimination act 1995
There are three types of delegated legislation –
- Orders in council
The queen and the privy council have the authority to make
orders
Is made up of the prime minister and other leading member
of the gov
Allows the government to make laws without going through
parliament
It can be made on a wide range of matters: transferring
responsibility between government departments, bringing
acts of parliament into force
As a member of the European union, giving legal effects to
European directives.
They have power to make law in emergency situations –
civil contingencies act 2004 – when parliament is not
sitting
Misuse of drugs act 1971 (amendment) order 2008
- Statutory instrument
Made by government ministers
about 15 different departments in the government
each one deals with a different area of policy and can make
rules and regulations e.g. minister for work and pensions –
make regulations work-related matters. Minister of
transport – will deal with road traffic regulations
s2 European communities act 1972 – enabling act
s29 the pensions act 2008
- By-laws
Made by local authorities to cover matters within their own
area
this will include laws on traffic control, parking restrictions
etc.
, Natasha Hussain
They can be made by public corporations and certain
companies
Section 235 local government act 1972
Control by parliament –
Checks on the enabling act –
Parliament has the initial control over what powers are delegated as the
enabling act sets out the limits within which any delegated legislation must
be made. For example, the act will state:
- Which government minister can make the regulations
- The type of laws to be made
- Will the laws be made for the whole country or for certain places
- They also set out whether the government department must consult
others before making the regulations
Parliament also retains control over the delegated legislation as it can repeal
the powers in the enabling act at any time. If it does then the right to make
delegation will cease.
There is also a delegated power scrutiny committee in the House of Lords
which considers whether the provisions of any bills going through parliament
delegate legislative power inappropriately. It reports the findings to the
House of Lords before the committee stage of the bill. But it has not power to
amend bills – it is either a yes or a no.
Checks on the delegated legislation –
There also needs to be checks sure that power is not being used wrongly.
Parliament has the following ways of checking on the actual delegated
legislation:
- Affirmative resolution
- Negative resolution
- Questioning of government ministers
- Join select committee on statutory instruments (scrutiny committee)
In addition there are special controls for any delegated legislation made
under the legislative and Regulatory Reform Act 2006
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