Delegated Legislation Flashcards
What is delegated legislation?
A law made by someone other than parliament, but with the authority of Parliament and is often known as ‘secondary legislation’. This could be made by local authorities.
What are the three types of delegated legislation called?
- Orders in council
- By-laws
- Statutory instruments
Why does parliament pass on responsibility?
It saves them time
What allows someone to make delegated legislation?
Parent Act known as Enabling Act
(The original act that has been made by Parliament. The authority to male delegated legislation is granted in the Parent / Enabling Act
Who makes Orders in Council?
The Queen and Privy council
Privy Council - senior government ministers (from HoC and HoL) that meet with the monarch.
Why do we have Orders in Council?
These can be made without having to go through all the stages of Parliament making it quicker
When are orders in Council used?
Transfer responsibility between government departments
Give effect to EU directives
Make law in times of emergency, when Parliament is not sitting (under Civil Contingencies Act 2004)
Used to amend existing statues
Examples of Orders in Council
The Misuse of Drugs Act 1971 the order in council amended the act to reclassify cannabis as a class B drug (previously class C)
Add other
Stopped farms moving livestock to stop the spread of Foot and Mouth disease 2001
Who makes by laws?
Made by local authorities eg County Councils or large public business? ordered to do so eg Railway add more
To whom do by laws apply to?
They only apply to the area over which the council / public body has control over
Why do we have by laws?
They exist because it is quicker for these public bodies / councils to make the decision me and they should know the local area / situations better than Parliament
Give examples of issues dealt with by by laws
Traffic regulations, parking regulations, behaviour in public like drinking alcohol and dog related activities
Examples of by laws being used
The ban on smoking on the underground
Rushmoor parking laws and park opening times
Who makes Statutory instruments?
Government ministers in charge of government departments
What can people who makes statutory instruments make them about?
Their area of responsibility eg Heath secretary can only make heath related statutory instruments
How many statutory instruments are made a year?
3000
Why do we have statutory instruments?
These are used because these departments and ministers will have expert knowledge on the situation they are dealing with
Examples of statutory instruments
The Police and Criminal Evidence Act 1984 allowed the Minister for Justice to make codes of practice for policing eg regarding stop and searches, arrests and detention
Health and Safety Act 1974 the Minister for Health made regulations to keep miners safe at work
What is the biggest criticism with statutory instruments
They are undermining parliament supremacy and this detailed law is written by civil servants who have not been elected
Why do we use Delegated legislation?
- Parliament does not have time to debate every detail of every Act so it saves Parliament time
- Parliament will not always have he necessary expertise to make the best laws
- Local knowledge is often required to tackle local issues
- Delegated legislation can be changed more easily allowing quicker responses to changing circumstances as parliament can not always respond quick enough in emergencies
How does the Enabling Act control DL?
Parliament chooses what powers to delegate in the Enabling Act.
It can decide which government ministers to give power to.
It can specify who they need to consult and how they make the delegated law.
It can specify where the delegated law applies.
Parliament can also repeal the Enabling Act at any time which instantly removes the power of the delegated body to make the law.
Negative resolutions
SI is proposed and will become law unless rejected by Parliament within 40 days and there is no debate on this issue
It’s the most common procedure
Parliament very rarely read the legislation
They can either accept or reject it in its entirety
They never reject them the last one was in 1979 called Parraffin (maximum) Rental Prices Revocation Order ?
Only applies to SL - bad
Affirmative resolutions
A debate will follow the introduction and Both the House of Parliament must expressively approve the SL before it can be enacted
However parliament cannot amended the SL they can only approve or withdraw/annul it
Questioning of government ministers
Government ministered in government departments can be questioned by the MP’s in the House of Commons on their works in their departments including questions about proposed or current delegated legislation.
