Delegated Legislatjon Flashcards
What is DL ?
process of laws being created by authorities other than the gov.
What has Parl. made under every piece of legislation and what does it contain ?
A parent Act which contains the power, authority and limitations as to what Dl can be made
What are the 3 ways DL can be made ?
Orders in Council
Statutory Instruments
By- Laws
What are Statutory Instruments and who are they made by e.gs?
DL created by gov. ministers - Education minister (ed. laws) , health minister (health laws)
Where does the power to pass SI’s come from ?
the relevant Parent Act for what they are trying to achieve ?
what 4 situations can SIs be made in ?
to update existing laws
to provide details to laws
allow expertise to be included
implement EU law
how and when have SIs helped to update existing laws ?
National Minimum Wage Act 1998 - allow min. wage to increase yearly
How and when do SIs provide details to law ?
Education Act 2002 - power to est. national curriculum
How and when do SIs allow expertise to be included in law ?
Road Traffic Act 1998 - specifications for motor cycle helmets to be worn as a requirements
How and when do SIs implement EU law into UK law ?
Working Time (Amendment) Regs 2003 - max. working hours per week
what 4 controls will an SI be subject to 1 of ?
negative resolution
affirmative resolution
scrutiny committee review
approval by Parent Act
What are orders in council and who are they made by ?
DL made by monarch & privy council (senior gov. who can give counsel and advise king)
Where does the power to pass OiC come from and what do they concern ?
Emergency Powers Act 1920 OR Civil Contingencies Act 2004
issues needing resolution when parl. not sitting
Examples of orders in council ?
Foot and mouth disease (Ammend.) (England) (no. 10) Order 2001
power to army and Al-Qaida & Taliban (UN Measure) Order 2002 - removed negotiations w terror groups
What are By- Laws and who are they made by ?
DL which applies solely to local area and specific local issues made by public bodies/ corporations
Where does the power to create by-laws come from ?
a Parent Act
What do By laws do and any examples ?
deal with problems rating to local facilities e.g. waste, cleanliness, housing
can b specific to area to deal with day to day issues e.g. charities rail companies
What are the 3 specific situations where by-laws will be implemented ?
1.keep communities clean
2. keep local services safe
3. provide to local services and communities
Where does the power to implement bylaws to keep communities clean come from & what does it do ?
Clean Neighbourhoods and Environment Act 2005- allow local councils to deal with issues such as dog fouling in public place
Where does the power to implant bylaws to keep local services safe come from and what has it done ?
Railways Act 1993 - allows train companies to make bylaws which regulate customers can and can’t do e.g smoking, feet on seats, drinking
Where does the power to implement bylaws to provide local facilities & services and what has it done?
Local Government Act 1972 - allows council to make by-laws for the ‘Good rule and gov.’ of the area e.g parking fees
