Delegated Legislation Flashcards
What can Parliament do with their powers?
Pass down or delegate to other bodies in Parliament
What is needed to delegate powers in Parliament?
Parliament passes a Parent Act or enabling Act which creates framework for the law and creates more detailed law on the area
What is a example of a Parent Act?
Police and Criminal Evidence Act 1984 that allows secretary to create Police Codes of Conduct to aid criminal investigation
What are the three main types of delegated legislation?
Orders in Council
Statutory Instruments
By-laws
What are Orders in Council?
Made by Queen and the Privy Council (made up of Prime minister and senior members of government, senior members of other parties and senior judges)
Allows the law to go without lengthy process of Parliament
What effect do Orders in Council have?
National or Local
How are Orders in Council passed?
Usually gov. minister drafts the Order which is then approved by the Queen and 4 members of the Privy Council
What is an example of an Order in Council?
Usually passed to bring Acts or parts of an Act of Parliament into force
Criminal Justice Act 2003 Order 2012 which brought Schedule 3 of the Criminal Justice Act 2003 in relation to allocation of Magistrates Court for triable either way offences
When can an Order in Council be used?
Emergency situations- Civil Contingencies Act 2004- can be used if threatens serious damage to human welfare, environment, war, terrorism, or security to UK
Example it was used was during fuel crisis in 2000
When else can Orders in Council be passed?
To amend or update existing laws eg. Misuse of Drugs Act 1971 (amendment) Order 2008 to reclassify canabis from class C to class B
What is Henry VIII clause?
Allows Privy council to amend the law without having to go through Parliament scrutiny
What are statutory instruments?
Made by Government Ministers and Government Departments
Each gov minister will be responsible in creating the instrument which falls under their responsibility - Education is for Department for Education and Education minister
What effect do statutory instruments have?
National
Some Acts of Parliament contain broad framework. Why do statutory instruments help with this?
Provide necessary detail that would be too complex to be include in Body of an Act
Instruments can vary in size - sometimes can be short and sometimes can be a long and complex
What is an example for statutory instrument?
Police Codes of Practice- made by minister of justice under powers granted by Police and Criminal Evidence Act 1984
What makes up the majority of secondary legislation?
Statutory instruments published in form of regulations
What are By-laws?
Made by local authorities that cover matters of local concern such as parking restrictions, consumption of alcohol outdoors and traffic controls
Can also be created by public corporations and certain companies for matters within jurisdiction- Railway companies
What effect do bylaws have?
Local but have to be enforced by relevant government department
What is an example of a bylaw?
Section 219 of the Transport Act 2000 allows for railway companies to create bylaws regarding situations such as fines for trespasses, invalid tickets etc.
Why should delegated legislation be controlled?
Many decisions are being made by non-elected bodies. Is important that bodies don`t go beyond powers.
How does the Enabling Act control delegated legislation?
Will set the limitations in which delegated legislation must be made. For example, it sets out which government minister can make the regulations and whom the laws it affects
What is the Statutory Instrument Act 1946?
All delegated legislation must be published and available for public scrutiny. This Act requires it
How can Parliament control legislation?
The doctrine of Parliamentary Sovereignty means Parliament can revoke a piece of delegated legislation at any time pass legislation on the same subject therefore rendering it void
In relation to statutory instruments , they have to go through certain resolution procedures before they become enacted
What is meant by affirmative resolution procedure?
Statutory instrument will not become law unless specifically approved by Parliament. The need for an affirmative resolution will be included within the Enabling Act.
One of the disadvantages of this procedure is that Parliament can`t amend the instrument, only approve or deny
