Deligated Legislation Flashcards
What is delegated legislation?
When law making authority is passed to another body.
Where does this power come from?
An enabling act or parent act.
Give an example of DL?
Dangerous Dogs Act 1991, minister can add more dogs.
What are statutory instruments?
An enabling act to a minister ~ 2,000 each year
What is a bylaw?
Only applies to a place or organisation.
What are orders in council?
Made by a privy council in EMERGENCIES.
Why do we need DL?
Saves time, law needs updating, parliament isn’t always in session.
Under what act are local bylaws generally permitted under?
Local government Act 1972
Give an example of a bylaw.
R v Fadol 2007. Put feet on train seat.
Railway regulations Act, ‘behaving disorderly’.
What are the four in which an order in council can be made?
- to give legal affect to European directives
- to bring acts into force
- to transfer responsibilities in gov.
- in emergencies
How are they made? (DL)
They are drafted by the gov. and approved by the crown.
Give an example of an order in council.
Dangerous drugs 2008, can change classifications of drugs - Misuse of drugs act 1971.
How many give. depts. are there for statutory instruments?
15 - each with different areas f law.
What does the enabling act do?
Hands the power to those who make law.
How do questions by MP’s counter delegated legislation?
It can identify power abuse and force justification.
