Delegated Legislation is also known as Secondary Legislation

Paret Act can also be called the Enabling Act

Purpose of Parent Act - Gives permission and sets boundaries of what the person can
do,
Statutory instruments are made by Government Ministers
Approximately 1200 legislations each year
STATUTORY INSTRUMENTS
Update the law- National Minimum Wage Act 1998 (Parent) Allows Government Minister
to use the Statutory Instrument to update amount each year
Add detail - Education Reform Act 1988 (Parent) Add detail to what will be taught
in each subject
To use expert help - Road Traffic Act 1998 (Parent) Power to Minister of transport
to decide what motorcyclists helmets are made from
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Reasons: Geographical and public concern
Bylaws are made by local authorities and public corporations for their area
Manchester City Council - Banning skateboarding or rollerskating on footpaths.
(Parent act: Local government act 1972)
London Underground - Banned smoking on a property (Parent act: London Underground
Act)
Birmingham City Council - Punish dog owners who don't clean after their dogs
(Parent act: Clean Neighbourhoods and environment act 2005)
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Orders in Council - Privy council and Queen
Membership of privy council - Royal family, Members of Parliament, Judges,
Archbishops
To deal with emergencies - 9/11 grounding flights (Parent act: Civil contingencies
Act 2004)
Transfer power between Government departures - Government of Wales, Privy Council
transfer power from Westminster to Welsh Assembly (Parent act: Government of Wales
2006)
When parliament is not sitting - Reclassified misuse drugs ac, Cannabis as type C
(Parent act: Misuse Drugs Act)
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Advantages of Delegated Legislation
Takes time - Parliament sits for part of a year and focuses on government bills
Speed - Speed of Delegated Legislation is fast as it doesn't go through
parliamentary houses
Technical/geographical knowledge - Members of parliament do not know what is going
on in certain areas so experts are needed
Disadvantages of Delegated Legislation
- It is undemocratic as people like the Privy council and Queen makes law
- On average, 1200 legislates per year so its hard to keep balances and checks in
place when there's so many
- Only 17/170,000 Delegated Legislation's have been rejected by parliament since
1950. It isn't a good way to check on Delegated Legislations as parliament barely
care to check
Control by Parliament
Parent Act
- Limit power the minister has
- Can make minister follow certain procedures e.g consult an organisation
- ex; Road traffic act 1988 required minister to consult with experts
Affirmative resolution procedure
- Both House of Commons and House of Lords must approve before a law can be passed
- In the Fireworks Act 2004, the Statutory Instrument must be set at a time. It
needs to be approved by houses
Negative resolution procedure
- Statutory Instruments automatically becomes law unless rejected 40 days after
made. Most passed in this way.
Scrutiny Committee
- Made up of both houses
- Look for the law badly drafted
- Attempt to impose the tax
- Go out of the power of the Parent Act as it can't take any acction - can only
report to Parliament
Super-affirmative resolution procedure - As ARP but minister ust take account of
all comments made
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Judicial Control of Delegated Legislation (in the Queen's Bench Division of the
High Court)
- The case can only be brought before the court after it has been passed and by
someone who has been affected by the law
Explanation and case
Procedural ultra vires - Aylesbury Mushrooms Case
- Minister failed to follow the procedure set out by the Parent Act.
- Minister of Labour didn't consult Mushroom Growers' Association which represents
s85% of the UK mushroom growers so did not follow the procedure
Substantive ultra vires - Cure & Deely
- Minister has gone beyond power laid out in the Parent Act
- Case gave the power to collect taxes not to raise them so they exceeded their
power
Unreasonableness - Strickland v Hayes borough Council
- So unfair or just that no responsible body would have made it
Case - Local authority attempted to bans wearing and obscene songs in public and
private. Seenunreasonabe to control what people do in private