Delegated Legislation Controls 12 Marker

Parliament sets out conditions where 3 types of DL can be made.

Includes who can make DL, what it can cover and the time in which it applies.

If conditions exceed, the DL can be declared void, Enabling Act can be amended or repealed completely.

3000 SIs each year, if no action within 40 days of the proposed SI, it automatically becomes law.

SIs are not properly considered as Parliament are too busy with other matters leading to bad laws being made.

Quick process so SI can pass when needed.

some SIs have to be approved by Parliament specifically so bad laws should be picked up on.

Takes up Parliament’s time defeating the point of DL and Parliament cannot amend the SI, only approve or deny.

Check every proposed SI to make sure it complies with DL.

SI cannot raise any taxes.

All SIs are checked but powers of the Committee are limited, no power to amend or reject the SI and many not have specialist knowledge.

Courts can find that delegated powers have exceeded ultra vires and declare DL void.

Aylesbury Mushroom case - independent scrutiny of how delegated powers were exercise, the procedure adopted before the DL was made was incorrect.

Stops the abuse of delegated power and lead to injustices being stopped.

Work out if the law should be void.

Final decision may be the subjective view of the judge who is unelected.

R(Rogers) v Swindon NHS Trust - judge decided decision made by Trust was unreasonable.

Not just anyone can sue.

Costly to bring such a case and this person may be going against a public body who has more resources/money/access.

Odds of winning the case are lower.

Can declare the DL void but cannot change or amend the DL.

Parliament may have to reconsider the Enabling Act to involve another body to make revised DL and will involve another body making amended DL at public expense.

Goes against the separation of powers.