Del Leg Ans Types Of Del Leg Flashcards
What is Del Leg
Where parliament delegates some law making powers to secondary bodies to make law on their behalf.
How are these powers delegated?
An AOP is passed giving the secondary body power to create new laws, this is an Enabling Act.
What are the 3 types of del leg?
Orders in council - by king and privy council
Statutory instrument - by government ministers
By-law - by local authorities
What is an order in council?
Del Leg drafted by government departments and approved by king and privy council (PM and other members of parliament). Allows government to make laws without going through parliament.
What matters are Orders In Council made for?
1) Transferring responsibilities between government departments e.g. powers of Home Office and Département of Constitution Affairs to Ministry of Justice.
2) bring acts of parliament into force
3) deals with foreign affairs
4) national emergency laws when parliament not sitting, Coronavirus Act 2020
What else can they do
Amend or update existing law if an enabling act allows. Under Misuse of Drugs act 1971, in 2003 cannabis made c class, 5 years later made back to b
What are Statutory Instruments
Del leg where ministers and government departments are give authority to make regulations for areas under their responsibilities. Up to 3000 made a year.
Examples of statutory instruments:
Building Regulations 2010 under Building Act 1984 with 10 parts and 6 schedules, amended number of times.
National Minimum Wage Act 1998: gov Ministers update minimum wage annually
What are by-laws
Made by local authorities to cover matters within their area. E.g. county council affect council.
