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10 Cards in this Set
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DL law made- some person/ body other- Parli, but w/ authority- Parli. Authority usually laid down- "parent" AoP known- enabling Act- delegates power- others- make more detailed law in an area. 3 types. |
Orders in Council- made- Queen & Privy Council- made up PM & other leading MPs. Enabling Act needed allow OiC made e.g. Constitutional Reform Act 2005 allowed Privy Council alter number SC judges. |
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OiC made give legal effect European Directives, bring AoPs into force, transfer responsibility between gov departments & make law emergency situations under Civil Contingencies Act 2004. Also made amend existing law, e.g. Misuse of Drugs Act 1971- enabling Act under which OiC made 2008 change weed from class C to class B |
Statutory instruments- rules & regs made Gov Mins areas under the responsibility under authority- enabling Act. About 3000 p/y. Some short some detailed. E.g. Disability Discrimination Act 1995- enabling Act under which Min for Health made regs about discrimination against disabled in employment. Under PACE 1984 Min for Justice made codes of practice relating police powers stop and search, arrest and detention. |
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By-laws made local authorities cover matters own area, under Local Gov Act 1972. County, district/ town council pass laws affecting their area. Many involve traffic control, parking/ banning drinking alcohol public areas. E.g. Man City Council by-laws- parking restircts within GM. Also made public corps/companies for matters involve public. E.g. GM Metrolink System- by-laws encore rules public behaviour on premises. |
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Parli can control what delegated legislation is made in several ways: |
Enabling Act passed- Parli states which Gov Min can make it, type of laws that can be made & area of country which relates to. Parli can repeal enabling Act any time |
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Small number stat insts subject, affirmative resolution, will not become law unless specifically approved my Parli, e.g Codes of Practice under the PACE Act 1984 |
Most other stat insts subject negative res, be law unless rejected by Parli in 40 days. |
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Questions in Parli can asked by MPs to Gov Mins about proposed current delegated legislation |
Scrutiny Committee (Joint Committee on Stat Insts) reviews all stat insts and can refer back to HoP for reasons such as imposes a tax, goes beyond powers given under enabling Act/ unclear |
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Delegated Powers Scrutiny Committee in HoL report- Parli w/ proposals amending stat inst |
The courts challenge delegated legislation by judicial on grounds that it is "ultra vires" (beyond power). If ruled to be UV the dele legi void& not effective. Challenge made by anyone affected by dele legi/ decision. 3 main grounds for UV |
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Substantive UV occurs when Dele Legi goes beyond powers given by Parli in enabling Act, as in R v Home Sec ex parte Fire Brigades Union where Home Sec went beyond power given by Criminal Justice Act 1988 when changing rules relating compo claims by fireman |
Procedural UV occurs when correct procedure set out enabling Act not followed, as in Aylesbury Mushrooms where Mushroom Growers' Association were not consulted about establishing training board |
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Unreasonableness known Wednesbury unreasonableness ground upon courts can rule dele legi to be UV, as in Strickland v Hayes Borough Council where by-laws prohibiting singing/ reciting obscene songs- unreasonable as covered acts done in private as well as public. |
In R v Swindon NHS Trust decision to refuse- provide drug to woman w/ breast cancer on basis not being exceptional case was decided to be unreasonable. |
