DL
- Created by: Nickita
- Created on: 11-05-13 17:17
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- Delegated legislation
- Orders in council
- Made by the queen and privy council (senior judges & politicians and royal members)
- Emergency situations:
- Contingencies act 2004 and the emergency powers act 1920.
- Foot and mouth outbreak 2001.
- Transfers responsibilities:
- Westminister departments to the Welsh assembly and Scottish parliament using the Wales (Transfer of function) order 1999 and Scotland(Transfer of function) order 1999.
- Amend acts
- Misuse of drugs act 1971
- Apply legal effect to european directives:
- Consumer protection order 2000.
- Change the number of judges in the supreme court:
- Constitutional reform act 2005.
- Statutory instruments
- Rules and regulations, around 3000 made every year.
- Government ministers and departments
- Access to justice act 1999 allows the Lord chancellor to make changes to state funding for legal cases.
- Update law:
- National minimum wage act 1998 - change the amount for minimum wage.
- amount of fine for criminal offences.
- Specify an act
- when comes into force using commencement orders - The railway act 2005 commencement orders.
- Comply with european directives:
- The sales and good to customers regulations 2002 - provides extra protection to customers.
- Controls by parliament
- Enabling act
- whether the government ministers can consult others before making the DL
- Affirmative resolution
- SIs with controversial issues. SI must be laid before by the parliament and must be approved by both houses (Lords and Commons) between 28-40 days
- The human rights act 1998, allows the secretary of state to make changes to act subject to the affirmative resolution procedure.
- parliament can annual, withdraw and approve but cannot amend.
- Negative resolution,
- DL automatically goes through unless rejected by either houses; within 40 days, using a motion called 'prayer
- standing committee on DL
- The group in the house of commons look at SIs that require affirmative resolution.
- The scutiny committee of delegated powers
- control that involves the LORDS, they consider if the contents of the bill go through delegated powers inappropriatly.
- Enabling act
- By-laws
- have to be approved by the relevent government minister.
- Local authorities:
- Traffic controls - Parking restrictions.
- The dogs (fouling of land) act 1996.
- Public organisations - Public related.
- Central london congestion charge was introduced by former london mayor.
- National trust act 1907, enables BLs to be made in realtion to the properties.
- Proffesional organisations
- The solicitor act 1974 - Law society.
- Football association
- Judicial controls.
- DL is challenged through the Judicial procedure. it involves ' the exercise of the courts power to determine whether a action is lawful or not' - Ex parte vijaytunga
- Substantial UV
- concerned whether the contents of the DL is within the limits set out in the parent act.
- Ex parte pfizer is an example, which the circular stated the doctors shouldn't prescribe viagra.
- In Ex parte national union of teachers the teachers didn't have the right to exercise the power given by parliament, under the education act 1996.
- procedual UV,
- concerned how the DL is made. The courts can hold DL to be UV if the correct has not been followed
- Aylesbury mushroom case, where the minister failed to consult the mushroom grovers as part of the procedure.
- ex parte national union of teachers, the procedure used was unfair as only 4 days had been allowed for consultation.
- unreasonableness.
- courts can declare a DL to be UV thus void if unjust. this judicial control is known as the 'wednesbury unreasonableness'.
- AD
- There isn't enough time for parliament to consider every detail of every regulation, since there are around 3000 SIs being made every year.
- Parliament doesnt have the specific knowledge like Health and safety regulations and building regulations. DL uses experts.
- DL can be achieved quickly than an act. It is used in emergency situations such as the Foot and mouth outbreak 2001.
- DIS
- Loads of DL. In 2011 there was 3117 SIs. Makes it hard to keep track of current law. Little publicity given to DL. People tend to be unaware if a piece of legislation exists.
- It is undemocratic, they are made by unelected judges rather than parliament (who origanally have sovereignty)
- Length and expense of Judicial review.
- Orders in council
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