Studied by 15 peopleDelegated Legislation
Laws made by authorities, who are delegated the power to do this by an act of parliament
Enabling Act
Gives law making powers to other official bodies
Example of an Enabling Act
Emergencies Powers Act 1920
Orders in Council
Laws drafted by government departments and authorised by Queen and Privy Council
An example of an order in council
Falklands War under Emergencies Powers Act 1920
The time when orders in council can be made
When there is a national crisis or emergency
Orders in Council may also...
-Make laws when Parliament isn't sitting -Transfer responsibility between government departments -Transfer power to dissolved assemblies (Wales)
Statutory Instruments
Regulations made by government ministers
Statutory Instruments may be named in the form of
Regulations, orders, rules and code of practices
An example of a Statutory Instrument
Equality Act (Sexual Orientation) Regulations 2007 under Equality Act 2007
By Law
Rules made by local authorities and public bodies
Example of a By Law
Local Government (Miscellaneous Provisions) Act 1980 under the Local Government Act 1972
Negative Resolution
Allows any MP to put down a motion to annul the delegated legislation within 40 days
Affirmative Resolution
Procedure where delegated legislation has to be approved by Parliament
Super Affirmative Resolution
A procedure used to oversee reform orders made under the Legislative and Regulatory Reform Act 2006
Scrutiny Committee
Body that can review all statutory instruments and draw any problems to Parliament's attention
Amount of Statutory Instruments of delegated legislation produced between 2010 to 2014
Over 3000
Judicial Review
Allows the court to determine the lawfulness of delegated legislation
Ultra Vires
Acting in excess of the powers granted
Substantive Ultra Vires
Where the delegated legislation goes beyond what Parliament intended
Example of Substantive Ultra Vires
A-G v Fulham Corporation
Procedural Ultra Vires
Aylesbury Mushroom Case
Substantive Ultra Vires for unreasonableness
Where the delegated legislation is made which no reasonable body or individual, in same situation, would do
Example of Substantive Ultra Vires for unreasonableness
R (Rogers) v Swindon NHS Trust
Note
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