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

What is meant by Delegated Legislation?

Extracts from this document...

Introduction

ASSIGNMENT A 2. (a) What is meant by Delegated Legislation? Delegated legislation is power conferred by a supreme legislative authority to a subordinate authority to create laws. In the United Kingdom, the supreme authority is Parliament and the subordinate authorities range from government ministers to local councils and also non-governmental organisations. It must be noted that although power is passed downwards, Parliament still remains responsible for any legislation created by other authorities. Delegated legislation can take several forms, depending upon which authority is being empowered to make new legislation. The most important form of delegated legislation is the creation of Statutory Instruments or 'ministerial regulations'. Power is given to a government department by a Parent Act to create new laws, otherwise known as Statutory Instruments. The Parent or 'Enabling' Act gives specific guidelines on how the new laws are to be created. If these guidelines are not adhered to then any Statutory Instruments created are subject to challenge or even annulment, as will be demonstrated later in this essay. ...read more.

Middle

Either way, Parliament cannot amend the Statutory Instrument once it has been drafted - it can only approve or disapprove the Instrument. Apart from Statutory Instruments, there are two other main forms of delegated legislation. These are firstly by-laws and secondly Orders in Council. By-laws are laws created by a local authority or by a public corporation. Most local by-laws are passed under the Local Government (Miscellaneous Provisions) Act 1982 or the Local Government Act 1972. An example of a local authority by-law is the car ban in the City Centre introduced by Nottingham City Council. As for public corporations, which are given statutory authority, they could range from a no-smoking policy in trains under the Railways Act 2005 to rules about the election of shareholders in a company under the Companies Act 2006. Unlike Statutory Instruments, by-laws are not subject to direct Parliamentary control. However, they must be approved by the relevant Minister to become law. Orders in Council are laws passed in an emergency in the absence of Parliament. ...read more.

Conclusion

If the legislation is dismissed as not valid, it will either be on the grounds of procedural ultra vires or substantive ultra vires. In the first instance, the method of creating the legislation is alleged to be invalid. See for example THE AYLESBURY MUSHROOMS CASE [1972]. In the second instance, the content of the legislation is found to be invalid. In Staden v. Tarjanyi 1980, a local by-law making it illegal to fly a glider 'in the pleasure ground' was condemned as substantively ultra vires because the content was found to be uncertain - it was debatable whether the law meant 'in' or 'over' the pleasure ground. It must be stressed that although Parliament has delegated power to other authorities, the responsibility for the laws these authorities create still remains with Parliament. Therefore Parliament is keen to monitor all delegated legislation since it would have to take the blame should any problems arise. Despite this constant supervision, however, the system is still far from perfect and many intelligent people object to the perhaps excessive and confusing volume of delegated legislation which exists in this country. ?? ?? ?? ?? TMA (A) Rebecca Milburn Page 1 ...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 ...

    The committee may not consider the merits of any instrument and an opportunity must be provided for the department concerned to put its case before an adverse report on any instrument is made.

  2. DELEGATED LEGISLATION

    instruments to be rectified. Scrutiny Statutory Instruments are considered by the 14 member Joint Committee on Statutory Instruments, which decides if a Statutory Instrument is ultra vires the statute as well as considering which control should be written into a statute. It should be noted that the Committee has no formal power - votes

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

    The stop and search powers that the police service have are proven to be beneficial in some ways however, insufficient in others. "For example, a timely study has revealed that arrests resulting from stops accounted for between 20 per cent and 59 per cent of all arrests for offences in connection with the possession of stolen or prohibited articles.

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

    This is the more popular and preferred method of Parliamentary control as it seems to give tighter control to Parliament. It is also said to preserve precious Parliamentary time as there is no need for debate unless there has been opposition.

  1. Alternative dispute Resolution

    and in complaints against central and local government and public services; the conciliation scheme offered by courts and voluntary organisations to divorcing couples and the arbitration schemes run by the Institute of Arbitrators for business disputes.

  2. An exercise on Delegated Legislation

    work is periodically interrupted by breaks or activity change" Because of the deputy head's anxiousness to comply with all relevant regulation she will go that extra mile to meet all the three regulation, even offering an appropriate eye test if they want which Regulation 3 state "gives users the opportunity

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