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

Outline the different forms of delegated legislation

Extracts from this document...

Introduction

Outline the different forms of delegated legislation. (10 marks) Delegated legislation (secondary legislation) is law that is authorised but not made by Parliament. Parliament lays out a basic framework, known as the enabling Act and other people or bodies are delegated powers to make the more detailed rules. Ministers and government departments can be given the power in the enabling Act to make statutory instruments (SI) relating to the jurisdiction of their ministry. These take the form of rules, regulations and orders. They apply to the whole country and they cover issues like road traffic signs and town and country planning general development orders. The Lord Chancellor has power to make delegated legislation under the Access to Justice Act 1999. Orders in Council are made by the Privy Council. They are used when it would be inappropriate to use a statutory instrument, for example when transferring responsibilities between government departments. If Parliament is not sitting and there is an emergency, the Queen and Privy Council may make an Order in Council as in the fuel crisis in 2000. ...read more.

Middle

The Joint Committee on Statutory Instruments, composed of members from both Houses, reviews all SIs. It can draw Parliament?s attention to those that need special attention. If an SI imposes a tax, is defective, needs clarification or exceeds the powers granted in the Act, it will be referred back to Parliament. Parliament itself holds the ultimate safeguard in that it can withdraw the delegated powers or revoke a piece of delegated legislation at any time. Unlike a statute, the validity of delegated legislation can be challenged in the courts. Any person who has personal interest in the delegated legislation or is affected by it may apply to the courts under the judicial review procedure. This is the grounds that the delegated legislation is ultra vires (beyond the powers) and a piece of delegated legislation can be declared invalid in whole or in part. This can either be in the form of procedural ultra vires, where a public authority has not followed the procedures set out in the enabling Act, as in Agricultural Training Board v Aylesbury Mushrooms Ltd where the ministry failed to consult the interested parties resulted in the delegated legislation being declared invalid. ...read more.

Conclusion

It is impossible for Parliament to foresee all problems which could arise when passing a statute. When problems do arise, delegated legislation to rectify this can be put into place quickly. Ministers can have the benefit of further consultation before regulations are drawn up. This is particularly important regarding technical matters where it is necessary to make sure that regulations are technically accurate and workable. The main argument against delegated is that it is undemocratic because it is made by unelected minsters rather than Parliament. There is a danger of sub-delegation, where the relevant government minister, who is given the original delegated powers, sub-delegates this to the civil servants in their department. This is not the case with by-laws, as local authorities are elected bodies and accountable. The large amount of delegated legislation makes it difficult to keep track of the current law. It receives little publicity compared to Acts of Parliament so people may be unaware that it exists. Delegated legislation shares the same problem of obscure wording as an Act of Parliament which can lead to difficulty in understanding. ...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. Marked by a teacher

    Three forms of Delegated Legislation and Control over it.

    4 star(s)

    There is then a debate or a vote. If either House vote to pass the annulment motion, the statutory instrument does not become law. Another form of Parliamentary control is the removing of power. Parliament can remove the power to legislate from the delegated person or body. This can be done by amending or repealing the parent/enabling Act.

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

    a consultation with a number of organisations or persons, as in the Learning and Skills Act (2000) which gives the Secretary of State for Education, the authority to provide certain services which can be of good use in a young person's education.

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

    Subject to the affirmative resolution procedure, it is used only for the most important instruments, for example those of special constitutional importance. As a vote has to be taken on the motion to affirm the instrument. Time must be made available by the government for debate and any opposition to the instrument may then be raised.

  2. Alternative dispute Resolution

    small claims limit should be raised to �5000 and the fast track route to �15,000. As a result of the Woolf and Middleton report, the civil justice system was radically reformed in April 1999. To combat these problems Lord Woolf's review involved making numerous suggestions and recommendations on how to improve the civil justice system.

  1. domestic violence -applying the Grenadian statute

    It will prohibit Brando from entering or remaining in the household residence or entering or remaining in an area specified in the order, being an area in which the household residence is located. However, in section 3 of the statute, for the court to successfully grant a protection order Angela

  2. Advice on an incident concerning Land Registration.

    equitable easement. Section.198 (1) LPA 1925 says any registration of any instrument or matter under the land charges act shall be deemed to constitute actual notice of that matter. This means that he will take subject to the easement. However, if it is not registerable the same will apply as

  1. DELEGATED LEGISLATION

    Some statutes have included 'Henry VIII clauses', which allow primary legislation to be amended or repealed by secondary legislation without parliamentary scrutiny; e.g. the Criminal Justice Bill 1990, which allowed criminal offences to be added or removed by instrument. Other Henry VIII bills include the Child Support (1991), and Education (Student Loans)

  2. Theory of attention

    However the disadvantages in this methodology include; the difficulties in recording exactly what has occurred, observers may not always be around or not ready to make the detailed observations required, retrospective records are unreliable, observers are selective in what they record and interpret as an error.

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