Delegated Legislation: Types Flashcards
What is delegated legislation?
Laws made by someone other than parliament with their authority
What will parliament pass first?
Enabling Act/Parent Act, acts as the primary legislation gives the rights to create legislation
What are the three types of delegated legislation?
By-Laws, Statutory Instruments, Orders in Council
Who are by-laws made by?
Made by local authority for the benefit of the area
What act gives local authority the powers to make law and who must approve the by-law?
Local Government Act 1972, must be approved by the government minister in that area of expertise
Give an example of a by-law made by local authority
Clean Neighborhoods and Environments Act 2005, gave power to give fines on people allowing their dogs to foul in public places
Give an example of a by-law made by other bodies
Greater London Authority Act 1999, Transport for London introduced bans on smoking and littering, approved by Secretary of State for Transport
Who are statutory instruments made by?
Made by government ministers who have responsibility and expertise in that area, e.g. Minister for Education
Which act governs statutory instruments?
Statutory Instruments Act 1946
What two things can statutory instruments be used to do?
Update primary legislation (e.g. Minimum Wage Act 1998) or complete the detail of an Act of Parliament (e.g. Education Reform Act 1988 which created the new national curriculum)
Who makes orders in council and when?
The Queen and the Privy Council, made in times of emergency or to implement European Directives
Which two acts govern the powers of orders in council?
Emergency Powers Act 1920 and the Civil Contingencies Act 2004
Who makes up the Privy Council?
Past and present cabinet members, the speaker, leaders of the main political parties, archbishops, sr. judges and other sr. public figures
Give examples of the Queen and Privy Council passing laws
Foot and Mouth Crisis 2001, fuel crisis 2000 sanctioned the use of emergency powers to control distribution of fuel
