Delegated Legislation

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Outline the different forms of delegated legislation. (10 marks) Delegated legislation (secondary legislation) is law that is authorised but not made by Parliament. Parliament lays out a basic framework, known as the enabling Act and other people or bodies are delegated powers to make the more detailed rules. Ministers and government departments can be given the power in the enabling Act to make statutory instruments (SI) relating to the jurisdiction of their ministry. These take the form of rules, regulations and orders. They apply to the whole country and they cover issues like road traffic signs and town and country planning general development orders. The Lord Chancellor has power to make delegated legislation under the Access to…show more content…
A claim of substantive ultra vires occurs where the delegated legislation goes beyond the powers granted in the enabling Act. In R (Haw) v Home Secretary, the Home Secretary tried to use the powers retrospectively. This was exceeding his powers and made the legislation invalid. The courts will also declare invalid delegated legislation which is unreasonable. This may be because the rules are unjust, made in bad faith or so perverse that no reasonable person would have made them, as in R v Somerset County Council where councillors were swayed by irrelevant factors. Discuss the advantages and disadvantages of delegated legislation. (10 marks) Parliament does not have time to consider and debate every small detail of complex regulations. Parliament may not have the necessary technical expertise or knowledge in certain areas, for example health and safety regulations in different industries need expert knowledge and local parking regulations need local knowledge. It is impossible for Parliament to have all the knowledge on complicated and technical issues and therefore it is better for them to debate the main principles thoroughly but leave the detail to be filled in by those who have expert knowledge of it. Delegated legislation can be achieved more quickly than an Act of Parliament which allows flexibility as it can be
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