2.3 - Delegated Legislation Flashcards
Who make up the legislative Privy Council?
The Privy Council consists of current and former Cabinet ministers, other senior politicians and the Queen.
Define ‘delegated legislation’.
Delegated legislation is law made by some person or by somebody under the authority of an Act of Parliament.
What do Orders in Council allow the Government to do?
Orders in Council allow the Government to make legislation without going through Parliament.
Who drafts the Orders in Council?
Orders in Council are drafted by civil servants in government departments.
Describe the relationship between Orders in Council and European directives.
The main use of Orders in Council is to put European directives into effect.
What is the purpose of European directives and what are some of the issues they cover?
European directives are intended to harmonise the laws of EU countries and cover issues such as health and safety of workers, equal rights, consumer law, banking, insurance and social security.
Under what 2 acts does the Privy Council have the authority to make law in emergency situations?
The Emergency Powers Act 1920 and the Civil Contingencies Act 2004.
Give an example of an Order in Council being used in an emergency situation.
In 2003 a Privy Council meeting made an order that was laid before Parliament and immediately made law, which banned dealings with Usama Bin Laden, Al Qa’ida and the Taliban
Orders in Council are also used to transfer what kind of responsibilities? Give an example.
Orders in Council are used to transfer responsibilities between government departments e.g. from the ministers of the UK government to those of the devolved assemblies in Scotland and Northern Ireland.
What was the effect of an Order in Council on the Misuse of Drugs Act 1971?
The Order in Council allowed substances to be removed and added to different parts of the schedule by statutory instrument, provided a report of the Advisory Council on the Misuse of Drugs has been commissioned and has reached a conclusion, although the Secretary of State is not bound by the council’s findings.
What are Statutory Instruments and who makes them?
These are rules made by government ministers under the authority of the parent/enabling Act for the area of government for which they have responsibility.
What is a parent/enabling act?
A parent/enabling act contains the basic framework of the law, together with authorisation for the person(s) or bodies, such as a government department (i.e. government minister), to make further law on the matter.
What authority does the Road Traffic Act 1988 give to the Minister for Transport?
The Minister for Transport can make regulations concerning motorcyclists, such as the type of helmets to be worn or the banning of the use of mobile phones whilst driving.
Give an example of a Statutory Instrument under the Police and Criminal Evidence Act 1984.
The Codes of Practice.
Why are SIs often referred to as ‘ministerial regulations’?
SIs are often referred to as ministerial regulations because they are detailed orders, rules or regulations (of Acts of Parliament) made by Ministers to amend, update or enforce primary legislation.
