Delegated Legislation (Contract) Flashcards
What are the three types of delegated legislation?
Bylaws, Statutory Instruments, Orders in Council
What are Orders in Council?
Legislation drafted by government, approved by the Privy council (Monarch and key ministers)
When are Orders in Council used + examples?
Times of emergency - power given by Civil Contingencies Act 2004 when Parliament isn’t sat e.g. Foot and Mouth Crisis/Petrol Strike
What are By-laws?
Legislation made by local councils as well as large public corporations for their area
When are By-laws used + examples?
To resolve local issues - power given by Local Government Act 1972 e.g. parking, littering, speeding
What are Statutory Instruments?
Outline of laws made by government departments and are national in effect
When are Statutory Instruments used + examples?
When changes need to be made to current Acts of Parliament to avoid Parliament making new Acts e.g. Dangerous Dogs Act 1991
What are the advantages of having delegated legislation?
Time: Parliament doesn’t have time to consider all aspects of the law/details so makes it quicker
Technical Expertise: S.I created by ministers who will typically be experts in that department
Flexibility: Can be changed/created quickly as doesn’t have to go through all stages (D.D.A 1991)
Emergency: Can be used quickly to respond to emergency situations
What are some disadvantages of delegated legislation?
Undemocratic: it is made by people who haven’t been elected (3000 S.I/year)
Large Volume: Lots of S.I produced each year that people don’t know about
Lack of Media Coverage: When a major Act is passed, it is publicised but this doesn’t happen for S.I
What are the two types of controls of delegated legislation?
Judicial Control and Parliamentary controls
What are the types of Parliamentary controls?
The Enabling Act, Affirmative/Negative Resolution Procedure, Scrutiny Committee
What is the Enabling Act as a Parliamentary Control?
Parliament can set controls on the power given by making them follow a procedure + can repeal the powers/limit or extend them
What are affirmative/negative resolution procedures as Parliamentary controls?
(Only used for S.I)
Affirmative: Any law created under S.I must be taken in front of Parliament, which will vote to approve it
Negative: If no MP objects within 40 days, it is passed
What is the Scrutiny Committe as a Parliamentary control?
Group of MPs who look at delegated legislation to make sure it isn’t illegal e.g. imposes taxes, gone beyond powers, make unusual use of power
What are the judicial controls?
Judicial review, Ultra Vires (3)
