Delegated Legislation (A01) Flashcards
how long does it take to pass an act of parliament
18 months
why was delegated legislation introduced?
to help government cope with issues such as NHS, Job seekers allowance and education changes
what is delegated legislation
when parliament hands down law making power to governement ministers and councils
why has increased over time?
with introduction of the welfare state.
what are the 3 types of delated legislation?
- orders in council
- by laws
- statutory instruments
orders in council summary
drafted by gov. departments and approved by the queen and the privvy council.
made under powers given in a parent/enabling act
very rare and usually only used in times of emergency when parliament arent sitting
who are the privvy council made up of?
the prime minister and other leading members of the government.
what is an example of the enabling act?
the emergency powers act 1920
what is the main reason for the use of orders in council today?
to pass EU law through the european directive
when might n order in council be used?
change in cannabis class from a b-c and back again fuel crisis 2001.
used to bring act of parliament into force without going through legislative process
by laws summary
made by local authorities whove been given power by parliament to create laws affecting local matters
what acts are by laws mostly created under?
Local government act 1982 and local government act 1972
who else can by laws be made by?
public corporations and companies controlled by goverment such as british airports or london underground.
what has to happen to by laws first?
‘confirmed’
they must be approved by relevant secretary of state.
examples of difference between local authority and public corporations
- local authority: penalties for dog fouling or skateboarding in local park
- public corp: smoking on trains, controlling use of mobile phones on trains.
statutory instruments key facts
made by government departments
also known as regulations (not acts)
3000 made per year.
who has the power to make statutory instruments?
outlined in enabling act, power to make them is given to a minister of a department
what do statutory instruments allow?
provisions of an act of parliament to be brought in at a later date, national in effect.
whats the procedure in making a statutory instrument?
parliament passes statute called parent/enabling act and this delegates the law making power upon gov department or minister. outlines how legistlation should be drafted or proccessed (says in enabling act that duty for department to consult with experts in relevant fields)
what are the 2 different procedures for statutory instruments ? (stated in enabling act)
negative (normal) and affirmative resolution procedure (rare)
what is a negative resolution procedure?
once a statutory instrument is passed its presented to parliament and if after 40 days its not been objected, is permanent
if objections are made then will be debated by house of commons, lords or standing committee. may be approved or NR may be passed which makes it void
whats affirmative resolution procedure? (rare)
if the SI is controversial, parliament will say in enabling act that affirmative resolution must be passed.
instrument must be voted and debated by one of the houses before becoming law. (within time limit)
whats super-affirmative resolution procedure?
new procedure allows ministers to make changes to the SI within 60 days.
gives minister more power as it cannot be amended after being laid before parliament.
what are the 6 needs for statutory interpretation?
- time
- technical expertise
- local knowledge
- consultation
- flexibility
- future needs
