Notes

Delegated Legislation means that power passes to another body or person or authority. It is when Parliament has delegated power to other persons or bodies.
Parliament makes primary legislation while delegated makes secondary legislation.
How is Delegated Legislation made?
This is done by an Enabling Act. It enables specific power to bring about legislation .
For example: The Parent Act (Environment Act 1995) S97 states that the appropriate Minister may by regulations make provision for......the protection of important hedgerows creating new law.
The Minister created a new piece of legislation...Hedgerows Regulations 1997...an off spring of the main primary legislation....the Environment Act 1995
Example of an Act of Parliament passing power to another person
Environment Act 1995 to protect and enhance the environment
Person/body to whom such power to make law is passed.
Secretary of State and Minister of Agriculture.
Type of Delegated which results.
Hedgerows Regulations 1997
Why is there a need for Delegated Legislation.
Acts of Parliament provide a broad framework - technical rules are often required to address specific.
For example: Race Relations Act 1976 Parent Act sets out the broad principles of protection against race discrimination in the workplace through its enabling provisions. The power is given to apply the Minister to address specific issues..... ie Race Relations Act 1976(Amendment) Act 2003 which among other things add specific definition of racial harassment.
Delegated Legislation is also used to implement a great deal of technical EU Law. For example under S2(2) EC Act 1972 to include UCTA in Consumer Regulations 1999

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Sale of Goods and Services Regulations 2002
HRA 1998... swift amendment as incompatable with the ECtHR - Henry V1111 clause to enable Ministers to make legislation compatible with the Convention
Need for Delegated Legislation
(a)
(b)
Law is made by specialists in the field. Government Departments ... Local Authorities….. follows CONSULTATION with a wider body of expert opinion.
Delegated Legislation is easier and quick to enact.
(c)
Delegated Legislation is necessary because Parliament cannot pass all the legislation in the required time of the Government in power.
TYPES OF DELEGATED LEGISLATION.
(1) Orders in Council
(2) Statutory Instruments
(3) By-Laws.
Orders in Council. In the name of the Queen to a group of Ministers the Privy Council.
Used in National Emergencies.threats to supply of food, water fuel essentials of life.
e. g. R.. (Bancoult) v. Sec. of State for Foreign and Commonwealth Affairs 2006.
Div Ct of the QBD order in Council
British Indian Ocean Territory (Constitution) Order 2004
Chagos Islands
1960 when the UK allowed US military to locate a strategic military base in Diego Garcia ..evicted all the inhabitants. Oliver Bancoult challenged exiled islanders to return.
Regulations...Statutory Instruments.
Health and Safety at Work Act 1974
Resulted in Management of Health & Safety at Work Regulations 1999


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By-Laws.
Local Authorities : Public Bodies
Local Parks
Public Transport
Leisure
Recreation
Sport
Boddington v. British Transport Police 1998
Statutory Instruments
Regulations/Orders issued by Government Depts.
Orders in Council issued by the Monarch/Privy Council By-laws issued by Local Authorities
Other forms of Delegated Legislation.
Professional Bodies
Law Society Bar Council
BMA
Church of England General Synod.
What happens when delegated legislation made by persons or bodies without subject to the full scrutiny of Parliamentary process.?
DISADVANTAGES OF DELEGATED LEGISLATION.
(1) Delegated Legislation undermines Parliamentary Sovereignty
(2) Too much power...imbalance from the Sep of Powers resulting in less democratic form of law making
(3) Too much law
insufficient controls
(4) Delegated Legislation does not have to be laid before Parliament. Some Delegated Legislation becomes law after 40 days under the Negative Resolution procedure or pushed through under the Affirmative Resolution procedure
(5) Delegated Legislation is not always adequately published
(6) Sub-Delegation can occur.
CONTROLS OF DELEGATED LEGISLATION.

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Scrutiny Committees / Joint Committees focuses on procedure rather than content
Judicial Review....Divisional Court of the Queens' Bench Division.
Procedural.....failure to follow correct procedure
Substantive.....alleged abuses...content unreasonable/disproportionate
Controls by Parliament.
(1) Enabling Act...Parliament has the ultimate power to repeal delegated powers
(2) All S.I. 's are issued subject to legal requirements of the S.I. Act 1946
(3) Laying delegated Legislation before Parliament by way of negative resolution 40 days passes unless objections are made.
(4) Laying delegated legislation before Parliament by way of affirmative resolution method has to be approved by both Houses of Parliament
(5) Joint Committees on S.I.'s have Scrutiny Committees