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

Exercising Control over Delegated Legislation

Extracts from this document...


´╗┐Control over Delegated Legislation Deleted Legislation in many instances is made by non-elected bodies and since there are so many people with the power to make delegated legislation, it is important to have some control over it. The Control is exercised by the Parliament and the Courts. There also may be public inquiry before law is passed on an especially sensitive matter, such as planning laws which may affect the environment. Control by Parliament: Fairly limited, though Parliament has the initial control with the enabling Act which sets boundaries within which delegated legislation is made. The parliament retains control over delegated legislations as it can repeal the powers in the enabling Act at any time. If does so then the right to make regulations will cease. Delegated Powers Scrutiny Committee: *Established in 1993 in House of Lords Purpose: to consider whether the provisions of any Bills delegated legislative power inappropriately. ...read more.


Negative resolutions: The many other statutory instruments will be subject to a negative resolution, this means that the relevant statutory instrument will be law unless rejected by Parliament within 40 days. The ministers may be questioned about the work of their departments by the MPs, these may include questions on proposed regulations. Scrutiny Committee: Also called the Joint Select Committee on Statutory Instruments which was formed in 1973 Its Purpose is to review all statutory instruments and ,when required will draw attention of both Houses of Parliament to points that need further consideration. The review is a technical review rather than being based on policy. The main grounds of referring a statutory instrument back to the Houses of Parliament are that: *It imposes a tax or charge-because only an elected body has such a right *It appears to have retrospective effect which was not provided for by the enabling Act. ...read more.


The court presumes that unless and until an enabling Act expressly allows it, there is no power to do any of the following: *Make reasonable regulations- in Strickland v Hayes Borough Council (1896) a bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language generally, was held to be unreasonable and so ultra vires, because it was too widely drawn in that it covered acts done in private as well as those in public. *Levy taxes *Allow sub-delegation It is also possible for the delegated legislation to be declared as ultra vires because the correct procedure has not been followed. For e.g. in cases like Eynesbury Mushroom case (1972) or R v Secretary of State for Education and Employment ,ex parte National Union of Teachers (2000). Statutory instruments can also be declared void if they conflict with European Union Legislation. ...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. Legislations and regulations in sport

    All chemicals used in the workplace are required to have an accompanying COSHH Data Sheet which provides technical, composition and first aid information that can be used in the event of exposure. The children act 1989 The Children Act 1989 is based upon the belief that children are generally best

  2. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    order to reach such suspicion, 'requiring facts and circumstances which would lead to an impartial third party to form the belief or suspicion in question'(Bevan, 1991; 8). Part one of PACE empowers a police constable to search someone without initially arresting them.

  1. An exercise on Delegated Legislation

    He is finding it increasingly difficult to sustain his concentration. I think Regulation 2 fits best it states "Requires employers to plan the activities of those using workstations so that daily work is periodically interrupted by breaks or activity changes.

  2. Explain the different aspects of delegated legislation. Analyse the degree of scrutiny by Parliament ...

    precise where it is needed however, it may be argued that the law is so detailed and large in volume that it is difficult to assess what the law is. There are clear disadvantages to delegated legislation in that there are limited Parliamentary controls over what is made law.

  1. Free essay

    environmental legislations

    being released into the air and make sure that other substances are not released into the local environment. This act also finds a way for businesses and other organisations to develop a way which the make it easier for the businesses to dispose their wastes without causing problems to the environment.

  2. Alternative dispute Resolution

    This says that (a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense. Mediation In contrast to arbitration, mediation is a process whereby the parties involved utilize an out-side party to help them reach a mutually agreeable settlement.

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