ELS-Delegated Legislation Flashcards
What is delegated legislation?
When Parliament gives power to another body to pass laws.
What did Parliament pass which gives power at a specified point to certain groups for delegated legislation?
Enabling Act
3 things that can be made by the power given by the Enabling Act.
- Orders in Council
- Statutory instruments
- By-law
Who are Orders in Council made by?
Privy Council
Who are statutory instruments made by?
Government ministers
Who are by-laws made by?
Local authorities
Examples of people who are members of the Privy Council.
Government ministers
Former government ministers
Who were the Privy Council historically?
Monarch’s key advisors
Who replaced the Privy Council as the more important monarch’s key advisors?
the Cabinet
Following the Enabling Act, what 3 powers do the Privy Council have?
- Transferring power between government departments e.g., Ministry of Justice used to be part of Home Office.
- Giving legal power to EU directives
- Under the Civil Contingencies Act 2004, can make laws in emergency situations when Parliament isn’t sitting.
Under what Act does the Privy Council have the power to make laws in emergency situations when Parliament isn’t sitting?
Civil Contingencies Act 2004
Give an example of a law the Privy Council passed.
Misuse of Drugs Act gave them the power to change the categorisation of drugs.
2003 = changed cannabis from Class B to Class C
2008 = changed it back again
What is a Statutory Instrument?
Form of legislation which allows the provisions (term) of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act
What are statutory instruments also referred to as?
Secondary, delegated or subordinate legislation.
What powers do ministers for individual departments have the power to do in relation to statutory instruments?
Can make certain changes without having to go back to Parliament using a statutory instrument
Examples of statutory instruments.
1.Government has power to change the minimum wage through statutory instrument.
2. Police and Criminal Evidence Act 1984 gives Home Secretary powers to change police codes covering things like stop and search by statutory instrument.
How many statutory instruments are made each year?
Over 3000
What power do by-laws give county councils and district/town councils?
Country councils = power to pass laws affecting their country.
District/town councils = powers to pass laws affecting their town.
Examples of issues that counties or towns could pass by-laws on.
Parking restrictions
Drinking in public places restrictions
Dog poo laws