(a) Describe and explain the three types of delegated legislation identified in the source.
Delegated legislation is the law laid by other authorities given that authority by Parliament. This is laid out in an Act or a Bill creating a framework of the law and delegates to others to make it more detailed law.
The three types of delegated legislation are (a) statutory instruments (b) by laws.
(c) Orders on council. .
The use of statutory instruments is a major method of law making. 3000 Statutory.
Instruments pass laws every year. This is when ministers and governments are given authority in order to regulate law in their responsibility. The Lord Chancellor was given power with regard to legal aid schemes and the Minister of Transport was given authority to arrange road traffic regulations. .
By laws cover the matters within areas owned by local authorities. By laws include traffic control and parking restrictions. By laws can also be made by public corporations and other companies within the jurisdiction because it involves the public. An example is that the British Airports Authority and railways can enforce rules about acceptable behaviour on their premises. An example of a by law if the smoking ban on the London Underground. .
The Queen and Privy Council have the authority to make orders in Council under the Emergency Powers Act 1920. Although this authority is only exercised at times of emergency when Parliament is not sitting.
(b) Explain for what reasons delegated legislation can be challenged in the courts. Describe the orders that can be made if the challenge is successful.
Delegated legislation can be challenged in term of validity in the court on the ground it is ultra vires. This gives reference to any who regulate the law beyond their jurisdiction. For example, if a Minister makes a regulation of ultra vires, and he has no power to make such a regulation, this can be declared void by he court.