Delegates legislation-3 Types Flashcards
What are the 3 types of DL?
Orders in Council
Statutory Instruments
Bylaws
What is Delegated Legislation?
It is law made by a person/body under the authorisation of Parliament
It is made under a Parent/Enabling Act
Who are Orders in Council made by?
- The Queen and Privy Council
* The Privy Council is the Prime Minister and other senior politicians/Cabinet ministers
What to Orders in Council allow the government to do?
Allows the government to make law without going through Parliament
Who are OIC drafted by?
Government Deparments
Why do OIC do to European Directives?
They give effect to ED
What is the purpose of an ED
They’re intended to harmonise the laws of Europe’s member states and cover areas like health and security, workers equal rights and social securities
Under what acts can the Privy council make law in an emergency situation?
- Civil Contingencies Act 2004
* Constitutional Reform Act 2005
Give en example of Privy council making law in an emergency situation
In 2001 when flights were banned from entering and leaving the UK
What is another power of OIC and give an example of how it was used
They’re used to transfer responsibility between government departments for example when the Ministry of Justice was created, the powers of the Home Office and Department of Constitutional Affairs were transferred
What are Statutory Instruments and who are they made by?
- Are rules made under the authority of of a Parent/Enabling Act
- they’re made by government Ministers
Give an example of the power of an SI
The Road Traffic Act 1988 allows the Minister for Transport to make regulations like motorcyclists wearing helmets
Give an example of an SI under PACE 1984
The police Codes of Practice
What are SIs referred to and why?
They’re referred to as Ministerial Regulations because Ministers are in charge of it
Give an advantage of minsters making SIs and give an Act in the answer
An advantage is that under the Legislative Regulatory Reform Act 2006, minsters have the power to change any Act of Parliament to remove an administrative or financial burden
Why don’t Parliament use an act to put ED into use?
Because it’s time consuming as they’d have to update the parent/enabling Act
What is the purpose of the Unfair Terms and Consumer Contracts Regulations Act 1994?
To give consumers protection against unfair terms and contracts
How many SIs are drafted and put into practice each year?
Around 3000
Who are Bylaws created by and under what Act?
They’re created by Local Councils under the Local Government Act 1972-includes county and town council
And public corporations/organisations
Why is it important for Government Ministers to approve Bylaws?
Because a law might be passed against the Government Minister
What kind of areas are covered by Bylaws?
- Control of Traffic
- Parking restrictions
- Alcohol restriction etc.
Why are Bylaws seen as democratic?
Because local councils are elected
What is the purpose of publishing Bylaws?
To make the public aware
Give examples of Bylaws made by companies/public corporations
- Railway companies can restrict behaviour of public on premises
- Local parking regulations
