• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...


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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. What is delegated legislation? What are the various forms of delegated legislation? Consider to ...

    By delegating the formulation of detailed rules and regulations to subordinate authorities, parliament can concentrate its attention on discussing the essential part of legislation. It also need to deal with future contingencies. When a new piece of legislation is being enacted, parliament cannot forsee all the possible contingencies that may affect the operation of that particular statute in the future.


    The ideal for an overburdened , but concerned Parliament is negative control on all statutory instruments, since the ability exists to stop them but time is not wasted considering them all. TYPES OF DELEGATED LEGISLATION Statutory Instruments Stautory Instruments are made by Ministers under the authority of a enabling Act.

  1. An exercise on Delegated Legislation

    London underground make small laws banning smoking or you'll be fined. This means that this law will only affect those who made it and those who use the underground only. People travelling without a ticket we will be prosecuted e.t.c.

  2. Customer Protection Legislation.

    The act goes been further in ensuring that customers are protected from damage or injury caused by faulty goods. In addition to the manufactures themselves, importers are also liable, as are sellers who put their own brand name on goods, manufactures by someone else.

  1. Legislations and regulations in sport

    It also defines notifiable Dangerous Occurrences - incidents such as explosion, structural collapse, electrical overload, fire, etc - where no injury occurs but subsequent investigation may be required. Control of Substance Hazardous to Health Regulations 1994 These Regulations define substances that may cause ill-health: dust, fumes, biological and chemical agents such as paints and cleaning materials.

  2. Administrative Law - Pedal power association v Sydney city council

    Accordingly, prima facie, it seems the Council in this instance has acted within the scope of their powers because their powers are so broadly defined. However, there are significant other issues in the factual matrix provided which indicate that there may be grounds for judicial review on the basis of

  1. Q.Analyse critically the main types of delegated legislation. How necessary and how desirable is ...

    following reasons: * Time- The parliament lacks in time to consider and debate each and every detail of complex regulations. *The parliament may not have prowess knowledge or technical expertise in particular areas, the modern society demands a more technically detailed and complex law making process where the people have

  2. Outline the different forms of delegated legislation

    A claim of substantive ultra vires occurs where the delegated legislation goes beyond the powers granted in the enabling Act. In R (Haw) v Home Secretary, the Home Secretary tried to use the powers retrospectively. This was exceeding his powers and made the legislation invalid.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work