Delegated legislation Flashcards
Types of delegated legisaltion
Regulations
Orders
Why delegated legislation
legislation provides broad framework, regulation gives the detail
means to incorporate EU directives into UK law
saves Parliamentary time
faster process
deals with unforeseen problems not envisaged by Parliament
less rigid process - can be withdrawn / amended quickly
law changed without need for new Act
technical changes, e.g. change level of fines
add further detail to Act
Process for delegated legislation
parent act must allow it introduced by responsible minister same sources as primary legislation still debated and amended issued under signature of responsible minister
What are Statutory Instruments
type of delegated legislation 3000 SIs approx per year approx 66% not considered by Parliament usually drafted by legal office of relevant govt dept consultation with interested parties
Process under HSWA section 15
consultation document - outlines proposals & cost benefit analysis plus draft regs
need top demonstrate positive cost benefit
results of consultation guide content of final regs
draft statutory instrument (SI) produced contains proposed Regs - drafted by HSE
minister facilitates the process
must aim to maintain or improve standards of H&S
failure to follow framework voids the Regs
Ultra vires - exceeds powers
must not contravene or extend provisions of the parent act
laid before Parliament for 40 days before they can come into force
MPs can propose a negative affirmation to veto the SI
What does the House of Lords Delegated Powers Scrutiny Committee do?
established 1992
reviews extent to which delegated powers are used
advisory only to House of Lords
no equivalent committee in Commons
What does the House of Lords Merits of Statutory Instruments Committee do?
established 2003
looks at every SI laid before Parliament (approved and not approved)
determines if it should be brought before the whole house
meets every week
looks at SIs laid before the house in last 15 days
advisory only to House of Lords
only the House can decide to act or not on the committee’s advice
no equivalent committee in Commons
Reasons why SI may be brought to the attention of the House
Politically or legally important
gives rise to issues of public policy
inappropriate because changed circumstances since parent Act passed
inappropriately implements EU legislation
does not achieve policy objective
What does HSWA section 15 say regarding delegated legislation
allows for repeal, modification or creation of regulations
Advantages of delegated legislation
save on Parliamentary time
allows Parliament to concentrate on broad policy rather than detail
flexibility to meet changing requirements
rapid action in times of emergency
Acts can be implemented piece by piece
allows for fulfilment of international legal obligations
Disadvantages of delegated legislation
limited scrutiny
may lead to imperfect or incomplete SIs
can be diffucult to locate, parent act does not sign post to regs made under it
short Act may enable a Minister to also legislate on policy, not just detail
