Delegated Legislation Flashcards
What is delegated legislation?
Law made by some person or body other than Parliament, but with the authority of Parliament
What does the enabling Act do?
Sets out the general principles and then delegates power to others to make more detailed law in the area
What are the three types of delegated legislation?
- Orders in Council
- Statutory Instruments
- By-Laws
Who has authority to make Orders in Council?
The Queen and the Privy Council
What do Orders in Council allow?
The government to make laws without going through Parliament
Who are given authority to make statutory instruments?
Government ministers for areas under their particular responsibility
Who makes up the Privy Council?
Prime Minister and other leading members of the government
What must there be to allow the privy council to make Orders in Council?
Enabling act
Who will the Order in Council be drafted by?
The relevant government department
What are examples of Orders in Council?
- bringing EU directives into UK law
- transferring responsibilities between government departments
- bringing acts of Parliament into force
- dissolving Parliament before a general election
- making law in emergency situations under the CIVIL CONTINGENCIES ACT 2004
Who are given authority to make statutory instruments?
Government ministers
What effect do statutory instruments have?
National
What is an example of a statutory instrument?
ROAD TRAFFIC ACT 1988 which allows the Secretary of State for transport to make regulations prescribing types of helmets acceptable for motorbikes
How many statutory instruments are made each year?
3000
Who are given authority to make by-laws?
Local authorities to cover matters in their area or public corporations