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Exercise on Delegated Legislation

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Introduction

Exercise on Delegated Legislation (a) The three main types of delegated legislation are identified in the source as Statutory Instruments, Bye-laws and Orders in Council. Delegated legislation is legislation made by a body other than Parliament, it is sometimes referred to as secondary legislation. Statutory Instruments are the most common form of delegated legislation. They are made by government ministers and departments who are given authority to make regulations for areas under their particular responsibility. Therefore the Minister for Transport would be able to deal with necessary road traffic regulations, because they come under the Ministers for Transports' responsibility. The authority is given to the government ministers by an Enabling Act, also known as a Parent Act. An example of a Parent Act is the Disability Discrimination Act 1995, which amongst other things gives the Secretary of State powers to make regulations about the employment of disabled people. Statutory Instruments make up a large part of delegated legislation, over three thousand are made per year, compared to only seventy acts. ...read more.

Middle

appearing to him being representative of substantial numbers of employers engaging in the activity concerned'. He failed to consult the Mushroom Growers' Association, which represented about 85% of all mushroom growers, but did consult the National Farmers' Union (NFU) who were also affected by the order. This meant that his order to establish a training board was invalid as against mushroom growers, but valid to the farmers, as the NFU were consulted. Substantive Ultra virus is when the minister goes beyond the power set to them in the Parent Act. This can be highlighted by the Customs & Excise v Cure & Deeley ltd (1962). In this case the government minister had set taxes, which cannot be done by delegated legislation because only an elected body can set taxes or charges. The third reason why delegated legislation can be challenged in the courts is Unreasonableness. A piece of delegated legislation is deemed unreasonable if it makes unreasonable regulations. For example in the Strictland v Hayes Borough Council (1896), when a bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language ...read more.

Conclusion

A second criticism would be that of sub-delegation, which means that authority to make law is passed down so people do not always feel the right people are making the law. There is a certain lack of publicity with delegated legislation, which means at times people are not sure of what the law is at the present time. The final criticism is Obscure wording, which results in confusion, as it can be difficult to understand. (d) (i) The situation might be subject to challenge in the courts because it appears to be unreasonable. There is a of unreasonableness therefore substantive ultra virus as it is discriminating against people arriving from the less wealthier regions; Asia, Africa and Latin America. It is preventing migrants from entering, not just the economic migrants who are the ones it is set to prevent. (ii) This situation might be subject to challenge in the courts because there is a fair case of Procedural Ultra virus, as the Home Secretary has not followed the correct procedure and consulted local authorities and held meetings with local residents. Instead the Home Secretary has provided a camp near a town without consulting the local council or holding a public meeting. Bhavesh Dhulashia ...read more.

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