ELS - Law making: delegated legislation (C4) Flashcards
What does delegated legislation mean in legal terms?
Law made by some person or body other than Parliament, but with the authority of Parliament
What are the three different types of delegated legislation?
- Orders in Council
- Statutory instruments
- By-laws
What is an Order in Council?
It allows the government to make laws without going through Parliament
Who get to make Orders in Council?
The monarch and the Privy Council have the authority to make Orders in Council
Who make up the Privy Council?
The Privy Council is made up of the Prime Minister and other leading members of the government
When might an Order in Council be used?
- To transfer responsibility between government departments
- To bring Acts (or parts of Acts) of Parliament into force
What Act allows the Privy Council to make law in emergency situations?
Civil Contingencies Act 2004
Give an example of a time an Order in Council was made
In 2003 the an Order in Council was used to alter the Misuse of Drugs Act 1971, downgrading cannabis to a class C drug, which was later reverted back to a class B drug with another Order in Council
What must there be for an Order in Council to be made?
An enabling Act
Give an example of an enabling Act and a feature of it
- Misuse of Drugs Act 1971, changing the classification of types of drugs (e.g cannabis)
- Constitutional Reform Act 2005, allows the Privy Council to alter the number of judges in the Supreme Court
What are statutory instruments in legal terms?
Rules and regulations made by government ministers
Who make statutory instruments?
Government ministers
Give an example of a statutory instrument
- Building Regulations 2010 under the Building Act 1984
- Police codes of practice in relation to such powers as stop and search, arrest and detention under the Police and Criminal Evidence Act 1984
What is a by-law?
Made by local authorities to cover matters within their own area
Who make by-laws?
Local authorities or public corporations
