Describe, using examples the different forms of delegates legislation as a source of law

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Module 1: Delegated Legislation

Describe, using examples the different forms of delegates legislation as a source of law (15 marks).

(A)        Delegated legislation is defined as, a law made by a body other than parliament, but with the parliament’s authority, which is given in the enabling act. The enabling act, this creates the framework of the law and then delegates powers to others to make more detailed law in that area, examples of the enabling act include the Access to justice Act 1999, which gave the Lord Chancellor wide powers to alter various aspects of the legal funding schemes.

        Delegated legislation exists because, it is not directly made by parliament, but other bodies, and this is because there would simply not be enough time to attend the new and much more detailed regulations. This is why parliament delegates some of its powers and responsibility to other bodies such as local authorities and other public bodies to make regulations. There are three types of delegated legislation; Statutory Instruments, Bye-laws of Local authorities and Orders in Council, however in order for parliament to delegate this power down there must be a parent or enabling Act

        Statutory Instruments, government departments draft these. A parent act then confers powers onto an individual minister who is the head of the department. In the modern statutes these are referred to as ministerial or department’s regulations, rules or order, called collectively statutory instruments. They are regulated by the statutory instruments act 1946. The parent act within this type of delegated legislation, will lay down the procedure that must be followed to bring the statutory instrument into force, this is either negative or affirmative procedure of parliament control. There is a duty to consult various named organisations. They are most often used to actually change the regulations made by primary acts of parliaments for example. Changes made to the Road Traffic Act, where the Law is in continuous need of updating, or where times limits, fines or fees are set. They are also used to implement European Directives. The use of statutory instruments is a major method of law making as there are about 3000 brought into force each year.

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        Bye-Laws of Local Authorities, this type of delegated legislation is made by the local authorities for example County Councils, to deal with matters within their area under powers given to them in Acts of Parliament; however they require the approval of the appropriate minister. For example rules detailing car park restriction in a town centre would be made via this method. The purpose of this is to allow the making of rules to match the local circumstances. Some State corporations also have the power to issue byelaws foe example railway companies can regulate behaviour on trains and at stations. For ...

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