delegated legislation Flashcards
what is delegated legislation
parliament gives someone else the power to make law.
what allows someone to make delegate legislation and an example.
an enabling act, corona virus act 2020
what are the three types of delegated legislation
orders in council
by law
statutory instruments
who makes orders in council
the king and the privy council.
when are orders in council
amend or update laws
transfers responsibility between gov departments
make law in time of emergencies
an example of order in council
the misuse of drug act 1971
who make by laws
local authority and large public bodies.
who do by laws apply to
only apply to areas over which the council/ public bodies have control over
why do we have by laws
its quicker to them to make decisions and they should know the local area better than parliament
example of by law
ban on smoking in London underground
who makes statutory instruments
government departments and ministers
what can these people make statutory instruments about
can only be made about their area of responsibility
how many statutory instruments are made each year
around 3000
why do we have statutory instruments
these departments and ministers will have expert knowledge on the situations they are dealing with
example of statutory instruments
corona virus regulations 2020
4 reasons for delegated legislation
-parliament don’t have the time
-parliament wont always have the necessary expertise
-parliament might not know issues in local areas
-it can be changes quicker meaning there is a quick reaction to changing circumstances
why does there need to be controls on delegated legislation. and what are the three controls
because they are not elected and have been given a lot of power.
- enabling acts
-negative resolutions
affirmative resolutions
5 reasons enabling acts control delegated legislation
-parliament chooses what powers to delegate in the enabling act.
-it can decide which gov ministers to give power.
-specify who to consult/ how they make the delegated law
-specify where delegated law apply.
-they can remove or repeal power at any time
what happens in the negative resolution
SI becomes law but can automatically be rejected by parliament in 40 days, there is no debate on this issue.
what happens in the affirmative resolution
a debate will follow the introduction and both houses of parliament must expressly approve the SI before it can be introduced, but parliament cannot amend the act of accept or reject it
What does the scrutiny committee review/ check
Checks all statutory instruments
What can the scrutiny committee do
Draw the attention of both houses of parliament to any si which need farther consideration
Why might the scrutiny committee refer a si instrument back to parliament
- Si exceeds powers given in enabling acts
- si makes unexpected use of power
-s1 is unclear
What are scrutiny committee limitations
Cannot alter any s1 only refer the problem to paniament
