Types of Delegated Legislation Flashcards
Delegated legislation
This is law made by some person or body other than Parliament, but with the authority of Parliament.
What is the “authority” of Parliament?
It is usually in a “parent” Act of Parliament known as an “enabling Act”.
What does an enabling Act do?
It delegates power to others to make more detailed law in the area.
What are the 3 types of delegated legislation?
Orders in Council, Statutory Instruments, By-laws.
Who makes Orders in Council?
By the King and the Privy Council
What is the Privy Council made up of?
The Prime Minister and other leading memebers of the government.
What is needed to allow an Order in Council to be made?
An Enabling/Parent Act
Give an example of an Enabling Act allowing an Order in Council to be made
The Constitutional Reform Act 2005 allowed the Privity Council to alter the number of Supreme Court Judges.
Why are Orders in Council made? –>Give statute.
They are made to bring Acts of Parliamentinto force, to transfer responsibility between government departments and to make law in emergency situations under the Civil Contigencies Act 2004. They are also made to amend existing law.
Give an example of an existing law that Orders in Council amended.
The Misus of Drugs Act 1971 was the Enabling Act under which an Order in Council was made in 2008 to change cannabis from a class C to a class B drug.
who makes Statutory Instruments?
The Government Ministers for areas under their responsibility, under authority of an Enabling Act.
What are Statutory Instruments?
Rules and regulations
How many SI’s are brought into force each year?
About 3,000
Give an example of a Statutory Instrument.
The Coronavirus Act 2020- under this law many rules have been brought into force, for example regarding local lockdowns.
Who makes By-Laws?–> Give statute.
They are made by local authorities to cover matters within their own area under the Local Government Act 1972
Who can pass laws under By -laws?
A county, district or town council can pass laws affecting their area, and by-laws can also be made by public corporations and companies for matters which involve the public.
Give an example of situations and statute for by- laws made by a county,district or town council.
Traffic control, parking or banning drinking of alcohol in public places. Example: Manchester City Council has made by-laws relating to parking restrictions within Greater Manchester.
Give an example of a by-law created by public corporations or companies.
The Greater Manchester Metrolink System has made by-laws to enforce rules about public behaviour on their premises.
