Delegated legislation P2 SEC A Flashcards
what is delegated legislation
passing law making to other people in parliament
what allows someone to create delegated legislation
parliament create an enabling act also called a parent act
enabling act is primary legislation
example of enabling act is the police and criminal evidence act 1984
what are the 3 types of delegated legislation
orders in council
by laws
statutory instruements
who makes orders in council
king and the privy council
why do we have orders in council
make law quickly with some representation of parliament
when are orders in council used
amend or update laws
transfer responsibility between between government departments
make laws in time of emergency
what is an example of an act made by orders in council
the misuse of drug act 1971(amendment) order 2008 which re classified cannabis from a class C drug to a class D
who makes by laws
made by local authorities e.g country councils
who do by laws apply to
only apply to areas of control local authorities have
why do we have by laws
because it quicker for the councils to make decisions as they should know the local area
give examples of what by laws deal with
traffic regulations, parking, behaviour
give an example of a by law
ban on smoking on the London underground
who makes statutory instruments
government departments and ministers
what can certain people make statutory instruments about
relating to their area of responsibility
how many statutory instruments get made a year
3000
why do we have statutory instruments
specialists make them so the laws are better in specific areas
how does the enabling act work
1 parliament chooses what powers to delegate in the enabling act
2 decides which government ministers it gives powers to, who they need to consult and how they make the delegated law
3 repeal/remove power of delegated body to make law
what happens in a negative resolution procedure
statutory instrument will become law immediately and will stay as law unless rejected by parliament within 40 days
what happens in affirmative resolution procedure
less common important law
a debate will follow the introduction, both houses of parliament must expressly approve the statutory instrument before it can be enacted
parliament cannot ammend the si
what is the questioning of government ministers
parliament will ask the minister who wants the Statutory instrument to get a better understanding
what is the case for the delegated legislation going beyond the powers granted in the parent act
R v Home secretary ex parte fire brigades union
what is the case for the delegated legislation not following the correct procedure
Agricultural training board v Aylesbury Mushrooms
what is the case for the decision made under delegated legislation was unreasonable
Rogers v Swindon NHS trust
who can judicial review be challenged by
someone with a standing interest in the case
what can the courts decide about delegated legislation
that it is void and they can declare ultra vires but they can only do this in the three circumstances
