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Describe the different types of delegated legislation, explaining how the power to make them is delegated

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Delegated Legislation a). Describe the different types of delegated legislation, explaining how the power to make them is delegated (15 marks) Delegated legislation is made up of laws that are created under the authority of Parliament, but not by Parliament itself. The Enabling or Parent Act is what is used to specify the person or group with the power to make more specific laws and the extent of their power. There are three types of delegated legislation which are statutory instruments, orders in council and bylaws. Statutory instruments are made by Government ministers after Parliament gives them the power to create them to use in assisting government departments, for example, where time limits or fees are set. This is shown in R v Secretary of State for the Home Department, ex parte Simms (1999) where the Home Secretary made regulations to control prisoners' visits. Orders in council are created by the Queen and the Privy Council, which advises the Queen and the power to do so comes from an Enabling Act from Parliament. Orders in council are used to transfer power to other government ministers to those in Northern Ireland assemblies. ...read more.


The Scrutiny Committee is another control method. The committee can't decide whether the legislation is good or not, but it is able to recommend that Parliament reviews the instruments, as long as it considers, whether the body that Parliament delegated the legislation to, acted in excess of the Enabling Acts authority. They also need to consider whether the ministers have used the powers given unexpectedly, whether the SI has been worded properly or not and whether it needs more explanation. There are also Standing Committees on delegated legislation, who can also consider SI's instead of Parliament. This means that Parliament can scrutinise the legislation without taking up too much time on the floor. The Courts are also able to control delegated legislation and can be challenged in courts through judicial review. It could also be a claim in the civil courts to find out whether the legislation is ultra vires. Procedural ultra vires involves a complaint where the Enabling Act procedures aren't followed. Substantive ultra vires is where the rules made under the Enabling Act go beyond the powers delegated by Parliament. ...read more.


and the Health and Medicines Act (1988) did not authorise doctors to prescribe Viagra, this legislation was held to be unlawful because it went against EU legislation. These are also effective because they reduce the overloading and pressure on Parliament, are more flexible and can be introduced and effective immediately. It is also argued that these methods of control are ineffective, as the laws made can be quite complex and are made with little supervision from Parliament, for example, the Sierra Leone Order 1997, which banned the selling of arms in Sierra Leone. It is argued that these sorts of regulations are created with little public knowledge and don't receive a lot of criticism in the media or scrutiny by Parliament. This has also been acknowledged in a report made by the Commons Select Committee on Procedure in 2000. Legislation involving affirmative procedure is subject to more debate than those involving negative procedure, even if the negative procedure involves controversial matters. It is also stated that time and expertise is often wasted where more controversial issues are dealt with in a matter of minutes, whereas major changes in the law can pass through Parliament undebated, simply because they are in negative statutory instruments. ?? ?? ?? ?? Law Essay 25/1/04 1 Marisia Beard ...read more.

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