• 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. Alternative dispute Resolution

    However, the proposal to increase was implemented before the full report was issued. Before committing itself to the remainder of the reforms, the labor Government, which came to power in 1997, commissioned the Middleton Report as a 'second opinion'. This supported most of the Woolf proposals, but suggested that the

  1. unit6 end of unit assignment civil litigation

    Bankrupt, to sell all the assets and to divide up the proceeds, pro rata, amongst the creditors. Some creditors are called "preferential" creditors who have first call on any money and it is likely, therefore, that the Judgment Creditor may only end up with a small amount.

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

    The period of detention without charge should not normally exceed 24 hours, if it is then decided that there is insufficient evidence to charge someone they must then release them. Reviews of ones detention must be made on a regular basis the first time period usually been after 6 hours.

  1. DELEGATED LEGISLATION

    Aylesbury Mushrooms Ltd. 1972) (providing the statute stated that there must be consultation - there is no requirement otherwise). However, there is no requirement to do any more than ask for the consulted parties views - they can be ignored. The duty to lay before Parliament is directory (Bailey v.

  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

  1. Legislations and regulations in sport

    looked after within the family, with both parents playing a full part and without resort to legal proceedings. The welfare of the children is the paramount consideration. Courts will not make orders regarding children unless the parents are in fundamental disagreement - about where they should live, what sort of

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

    Each passed will contain regulations dealing with the subject matter of the enabling act. For example, the education minister may be enabled to make law under the Education Act 1996. The minister for education would obviously be sensitive to the needs of those affected by such laws and would make the additions to any existing legislation with a knowledgeable mind.

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