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Law Unit 2 Revision > Delegated Legislation > Flashcards

Delegated Legislation Flashcards

1
Q

What can Parliament do with their powers?

A

Pass down or delegate to other bodies in Parliament

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2
Q

What is needed to delegate powers in Parliament?

A

Parliament passes a Parent Act or enabling Act which creates framework for the law and creates more detailed law on the area

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3
Q

What is a example of a Parent Act?

A

Police and Criminal Evidence Act 1984 that allows secretary to create Police Codes of Conduct to aid criminal investigation

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4
Q

What are the three main types of delegated legislation?

A

Orders in Council
Statutory Instruments
By-laws

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5
Q

What are Orders in Council?

A

Made by Queen and the Privy Council (made up of Prime minister and senior members of government, senior members of other parties and senior judges)
Allows the law to go without lengthy process of Parliament

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6
Q

What effect do Orders in Council have?

A

National or Local

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7
Q

How are Orders in Council passed?

A

Usually gov. minister drafts the Order which is then approved by the Queen and 4 members of the Privy Council

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8
Q

What is an example of an Order in Council?

A

Usually passed to bring Acts or parts of an Act of Parliament into force
Criminal Justice Act 2003 Order 2012 which brought Schedule 3 of the Criminal Justice Act 2003 in relation to allocation of Magistrates Court for triable either way offences

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9
Q

When can an Order in Council be used?

A

Emergency situations- Civil Contingencies Act 2004- can be used if threatens serious damage to human welfare, environment, war, terrorism, or security to UK
Example it was used was during fuel crisis in 2000

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10
Q

When else can Orders in Council be passed?

A 
To amend or update existing laws
eg. Misuse of Drugs Act 1971 (amendment) Order 2008 to reclassify canabis from class C to class B
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11
Q

What is Henry VIII clause?

A

Allows Privy council to amend the law without having to go through Parliament scrutiny

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12
Q

What are statutory instruments?

A

Made by Government Ministers and Government Departments
Each gov minister will be responsible in creating the instrument which falls under their responsibility - Education is for Department for Education and Education minister

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13
Q

What effect do statutory instruments have?

A

National

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14
Q

Some Acts of Parliament contain broad framework. Why do statutory instruments help with this?

A

Provide necessary detail that would be too complex to be include in Body of an Act
Instruments can vary in size - sometimes can be short and sometimes can be a long and complex

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15
Q

What is an example for statutory instrument?

A

Police Codes of Practice- made by minister of justice under powers granted by Police and Criminal Evidence Act 1984

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16
Q

What makes up the majority of secondary legislation?

A

Statutory instruments published in form of regulations

17
Q

What are By-laws?

A

Made by local authorities that cover matters of local concern such as parking restrictions, consumption of alcohol outdoors and traffic controls
Can also be created by public corporations and certain companies for matters within jurisdiction- Railway companies

18
Q

What effect do bylaws have?

A

Local but have to be enforced by relevant government department

19
Q

What is an example of a bylaw?

A

Section 219 of the Transport Act 2000 allows for railway companies to create bylaws regarding situations such as fines for trespasses, invalid tickets etc.

20
Q

Why should delegated legislation be controlled?

A

Many decisions are being made by non-elected bodies. Is important that bodies don`t go beyond powers.

21
Q

How does the Enabling Act control delegated legislation?

A

Will set the limitations in which delegated legislation must be made. For example, it sets out which government minister can make the regulations and whom the laws it affects

22
Q

What is the Statutory Instrument Act 1946?

A

All delegated legislation must be published and available for public scrutiny. This Act requires it

23
Q

How can Parliament control legislation?

A

The doctrine of Parliamentary Sovereignty means Parliament can revoke a piece of delegated legislation at any time pass legislation on the same subject therefore rendering it void

In relation to statutory instruments , they have to go through certain resolution procedures before they become enacted

24
Q

What is meant by affirmative resolution procedure?

A

Statutory instrument will not become law unless specifically approved by Parliament. The need for an affirmative resolution will be included within the Enabling Act.
One of the disadvantages of this procedure is that Parliament can`t amend the instrument, only approve or deny

24
Q

What is meant by affirmative resolution procedure?

A

Statutory instrument will not become law unless specifically approved by Parliament. The need for an affirmative resolution will be included within the Enabling Act.
One of the disadvantages of this procedure is that Parliament can`t amend the instrument, only approve or deny

25
Q

What is negative resolution (Annulment process)?

A

Most other statutory instruments will be subject to a negative resolution
This means that the relevant instrument will be law unless rejected by Parliament within 40 days
Individual ministers may also be questioned by MP`s on the work of their department and include questions about proposed legislative regulations

26
Q

What is super affirmative resolution procedure?

A

If instrument is controversial or needs Parliamentary input, it will need to through this procedure.
Legislative and Regulatory Reform Act 2006- states that there must be a 60 day period following the laying of any draft order made by minister, during which the relevant parliamentary committee may report on a draft order or may make a resolution with regard to draft the order

27
Q

What is the scrutiny committee?

A

More effective check is the existence of a Joint Select Committee on Statutory Instruments
Committee reviews all instruments and where necessary will draw the attention of both Houses of Parliament to points that need further consideration
However, review is a technical one and not based on policy
Another disadvantage is that even if Committee discovers a breach of one of these points, it can`t alter the regulations or stop them from being law- only draw attention

28
Q

What are the reasons for delegated legislation?

A

Provides detailed law
Saves time for Parliament to focus on other pressing matters
Makes use of expertise to deal with more complex issues
Allows quick response
Allows for local needs and concerns to be met

29
Q

What are the disadvantages of delegated legislation?

A

Undemocratic
uncontrolled
Hidden

Law Unit 2 Revision (5 decks)

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