Delegated Legislation 2A Flashcards
What is delegated legislation?
Parliament giving someone else the power to make law.
What allows parliament to make delegated legislation?
A parent/enabling act
Give an example of an Enabling Act.
Police and Criminal Evidence Act 1984 (PACE)
What did the PACE Act say?
That the minister of justice can make rules on police conduct.
Why does parliament pass on responsibility?
Saves time and allows for better understanding as the rules are made by specialists.
What are the three types of delegated legislation?
Orders in council
By-laws
Statutory Instruments
Who makes orders in council?
Monarch and privy council
Why do we have orders in council?
To make law quickly with some representation of Parliament
When are orders in council used?
To amend or update laws
Transfer responsibility between government departments
Make law in times of emergency or when Parliament is not sitting. (Under Civil contingencies act 2004)
Give an example of an order in council.
The misuse of drugs act 1971 (amendment) order 2008
Reclassified cannabis as a class B drug which was previously classified as C
Who makes By-laws?
Local authorities or public bodies.
Who do By-laws apply to?
Only to the areas over which the council/ public body has control.
Why do we have By-laws?
It is quicker for them to make decisions plus have local knowledge.
Give examples of issues dealt with in By-laws.
Traffic regulations, parking, behaviour in public.
Give an example of a By-law.
Ban on smoking on the London Underground.
Who do statutory instruments apply to?
The nation
Who makes statutory instruments?
Government departments and ministers.
What can ministers make statutory instruments about?
Can only be their area of responsibility.
How many statutory instruments get made per year?
3000
Why do we have statutory instruments?
The people that make them are specialists- they can create better laws.
What are the four reasons for delegated legislation?
Time
Expertise
Locality
Ease
Why is time a reason for delegated legislation?
Parliament does not have time to debate every detail of every act. By dividing up the work to other people, this means that more law can be made more quickly.
Why is Expertise a reason for delegated legislation?
Parliament will not always have the necessary expertise to make the best laws. Parliament are made up of lots of different people, whereas statutory instruments are made specifically by people with expertise in their field.
Why is Locality a reason for delegated legislation?
Parliament may not live in/ know of issues in local areas; they consider national issues. By-laws are made by people who live/ work in smaller areas and so can make laws specific to that area.