TYPES OF DELIGATED LEGISLATION Flashcards

1
Q

name the three main types of del. leg.

A

bylaws
statuatory instruements
orders in council

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2
Q

bylaws

who makes a bylaw

A

local authorities and other public bodies

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3
Q

bylaws

why are bylaws made

+ example

A

to deal with matters which affect their local area
e.g. fines incurred by people who let there dog foul in public places (max fines 1000)

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4
Q

bylaws

who are able to impose fines for non-payment of fares

A

puplic co-orporations, such as train service

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5
Q

bylaws

what is the parent act of bylaws

A

Local Government act 1982

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6
Q

statuatory instruments

what are statuatory instruments

A

regulations made by government ministers/departments to add, amend or update a piece of primary legislation

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7
Q

statuatory instruments

who do they tend to affect

A

the whole country

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8
Q

statuatory instruments

what do each gov. departments deal with

A

each gov. departments deal with a different area

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9
Q

statuatory instruments

how many gov. departments are there

A

approx, 15

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10
Q

statuatory instruments

how many SI’s brought into force each year

A

approx 3000

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11
Q

statuatory instruments

how are they passed

A

negative and affirmative resoloution procedures

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12
Q

statuatory instruments

example of an SI and why

A

Dangerous dogs act 1991 - allows home secretary to add more breeds of Dangerous dogs to the act if it is deemed nessecary

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13
Q

statuatory instruments

why is it better

A

-fast process by enabling regulations to be made and altered quickly without placing them before parliament

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14
Q

statuatory instruments

examples of SI

A

changes of minimum wage each year (national minimum wage act), Police codes of Practice (PACE Act 1984), Dangerous Dogs Act 1991

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15
Q

orders in council

who are they passed by

A

the king and the privy council

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16
Q

orders in council

who are the privy council

A

a group of senior politicions who are allowed to make a law without the need for the whole of parliament to be sitting, or in emergency

17
Q

orders in council

what does the privy council do and how

A

has the power to pass the laws in time of emergency with the permission of the king under the Emergency power act 1920

18
Q

orders in council

an example of OIC changing laws quickly

A

misuse of drugs act - changed cannabis from class C to B

19
Q

why do we need Del. Leg

A

-parliament does not have the time
-local needs and concerns can be met
-parliament does not have the neccesary technical expertise
-allows ministers to respond to unforseen situations
-updating of primary legislation (SIs)
-ministers can consult in detail
- allows for consultation with specialists

20
Q
A