delegated legislation Flashcards
what is deligated legislation ?
law made by some body, other than parliament,but with the authority of parliament
what is the parent act of parliament
The parent Act of parliament will specify the body or person who power has been delegated to by parliament and gives bodies the right to issue delegated legisaltion
what are the three types of delegated legislation
order in council-made by the king and privy council-giving the pm and other leading members of the government the power to make laws without going through parliament. eg making law in times of national emergency
statutory instrument-rules and regulations that can be issued by ministers in their department
by-laws-laws made by local authorities tat only apply to that specific area
who’s decisions don’t have to go through parliament
decisions ,made by the privy council being (the king,the PM and leading govt members) dont have to go through parliament
what do decisions made by the privy council cover
transferring responsibility between departments,
Bringing Acts of parliament into force
Making Eu directives legal
Making law in times of national emergency or certain aspects pf foreign affairs
Can also update existing laws. EG 2010 order in council to upgrade cannabis from class B to B drug under the misuse of drug act 1971
what are statutory instruments
rules regulations that can be ,made by ministers under the authority of an enabling act.
give three examples of statutory instruments
Building regulations 2010 (changes made under the European Union Act 1972 and the Building Act 1984).
Police Codes of practise, such as ‘stop and search’(Made under the Police and Criminal Evidence Act 1884
Over 3000 statutory instruments issued each year.
what are by-laws
Directives issued by local authorities
Can cover matters such as parking restrictions, drinking in public and so on.
