1. DELEGATED DELEGATED LEGISLATION

2. DIFFERENT TYPES OF DELEGATED LEGISLATION Parliament passes a PARENT ACT The act gives the right to create one of the following types of delegated legislation Orders in council made by the Queen and Privy Council Statutory Instruments made by Government Ministers Bylaw Made by the local authority

3. ORDERS IN COUNCIL orders in council can be made on a wide range of matters like -Giving legal effect to European Directives -Transferring responsibility between Government departments -Bringing acts (or part of acts) of parliament into force Example of an order in council: Misuse Of Drugs Act 1971 (allowed cannabis to become a class C drug) There must be an enabling act to make orders in council on the particular topic for the change of drug category for cannabis the enabling act was the Misuse Of Drugs Act 1971

4. STATUTORY INSTRUMENTS Statutory Instruments refers to rules and regulations made by Government Ministers There are about 15 departments in the government each one deals with a different area of policy and can make rules and regulations in the respect of the matters with which it deals. 3,000 statutory instruments are brought into force each year Some statutory instruments may be very short where as others may be very long Example of Statutory Instruments: Codes Of Practice under PACE

5. THE LEGISLATIVE AND REGULATION REFORM ACT 2006 It gives the ministers the power to make any provision order if it will remove or reduce a ‘burden’ such as -A financial cost -An administrative inconvenience -An obstacle to efficiency -A sanction which affects the carrying of any lawful activity So ministers can change the acts of parliament even though the orginal act did not give them power

6. BYLAWS Made by local authorities to cover matters in their own area Can also be made by public corporations and certain companies for matters within their jurisdiction such as the British Airport Authority can enforce rules about public behaviour on their premises Example of Bylaws: Local Parking Regulations

7. WHY DO WE NEED DELEGATED LEGISLATION? 1.Parliament does not have time to consider every small detail of complex regulations 2.Parliament may not have the knowledge required for every legislation, it is thought that it is better if parliament debate the main principles and leave the detail to be filled in by those with expert knowledge 3.Ministers can have the benefit of further consultation before regulations are drawn up. In some acts it sets out the power to make delegated legislation there must be a consultations before the regulations are created. For example: Pace 1984 there must be a consultation with a wide range of people including -Persons representing the police authorities -The general council of the bar -The law society 4. The process of passing an act of parliament can take a long time and in an emergency parliament may not be able to pass the law quick enough. This is why delegated legislation is sometimes preferred, it can also be amended easily when necessary ensuring that the law is kept up to date.

8. CONTROLS OF DELEGATED LEGISLATION Enabling Act The enabling act sets out the boundaries within which delgated legislation is to be made. All enabling acts will state which government ministers can make the regulations The act can also set out whether the Government department must consult other people before making the regulations Parliament retains control over the delegated legislation Delegated PowersScruitiny Committee Delegated Powers Scrutiny Committee was established in 1993 in the House Of Lords to consider whether of any bills delegate legislative power inappropriately, it reports it’s findings to the House Of Lords but has no power to amend the bills.

9. CONTROLS OF DELEGATED LEGISLATION Laying Before Parliament Statutory instruments must normally be laid before parliament in one of two ways Affirmative Resolutions -The statutory Instrument will not become law unless approved by parliament, it will be included in the enabling act. For example an affirmative resolution is required before new or revised PACE 1984 can come into force. A disadvantage is that parliament cannot amend the statutory instrument. Negative Resolutions -Will be subjected to a negative resolution which means the relevant statutory instrument will be law unless rejected by parliament within 40 days. Questions In Parliament Individual ministers may also be questioned by MP’s in parliament on the work of their departments.

10. CONTROLS OF DELEGATED LEGISLATION Scrutiny Committee This committee reviews all statutory instruments and will draw the attention of both houses of parliament to points that need further consideration. The main grounds for referring a statutory instrument back to the Houses of Parliament is that -It imposes a tax or charge -It appears to have retrospective effect which was not provided for by the enabling act -It appears to have gone beyond the powers under the enabling legislation -It is unclear It only has the power to report its findings it has no power to alter any statutory instrument

11. CONTROLS BY THE COURTS Ultra-Vires 1.Substantive Ultra Vires (made a law but didn’t have the power to) The decision maker has gone beyond the powers given in the enabling act. Unless the enabling act allows it, the courts presume that there is never a power to -Levy Taxes -Allow sub-delegation -Make unreasonable regulations Example: Strickland V Hayes Borough Council 2.Procedural Ultra Vires Failure to follow the procedure set down in the enabling act, if the decision maker was impartial, or one of the parties was not allowed to put there side of the case Example: Aylesbury Mushroom Case

12. ADVANTAGES OF DELEGATED LEGISLATION Saves Parliamentary Time Parliament does not have the time to consider and debate ever small detail of complex regulations Need For Technical Expertise Parliament may not have the knowledge required so it’s better for them to debate the main principles and leave the detail to the experts Allows Consultation Ministers can have the benefit of further consultation before regulations are drawn up. Its particularly important for rules on technical matters

13. DISADVANTAGES OF DELEGATED LEGISLATION Allows Non-Elected People It allows non elected people to make laws. This Is accepted only if there is sufficient control Sub-Delegation Sub-delegations means that the law-making authority is handed down to another level Difficult To Discover The Present Law The large volume of delegated legislation makes it difficult to discover the present law. Because of the lack of publicity as most delegated legislation is made in private compared to debates in parliament. Difficulty Understanding The Law The obscure wording can lead to difficulty in understanding the law and how to interpret it.