Delegates legislation-3 Types Flashcards

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0
Q

What are the 3 types of DL?

A

Orders in Council
Statutory Instruments
Bylaws

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1
Q

What is Delegated Legislation?

A

It is law made by a person/body under the authorisation of Parliament
It is made under a Parent/Enabling Act

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2
Q

Who are Orders in Council made by?

A
  • The Queen and Privy Council

* The Privy Council is the Prime Minister and other senior politicians/Cabinet ministers

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3
Q

What to Orders in Council allow the government to do?

A

Allows the government to make law without going through Parliament

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4
Q

Who are OIC drafted by?

A

Government Deparments

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5
Q

Why do OIC do to European Directives?

A

They give effect to ED

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6
Q

What is the purpose of an ED

A

They’re intended to harmonise the laws of Europe’s member states and cover areas like health and security, workers equal rights and social securities

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7
Q

Under what acts can the Privy council make law in an emergency situation?

A
  • Civil Contingencies Act 2004

* Constitutional Reform Act 2005

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8
Q

Give en example of Privy council making law in an emergency situation

A

In 2001 when flights were banned from entering and leaving the UK

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9
Q

What is another power of OIC and give an example of how it was used

A

They’re used to transfer responsibility between government departments for example when the Ministry of Justice was created, the powers of the Home Office and Department of Constitutional Affairs were transferred

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10
Q

What are Statutory Instruments and who are they made by?

A
  • Are rules made under the authority of of a Parent/Enabling Act
  • they’re made by government Ministers
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11
Q

Give an example of the power of an SI

A

The Road Traffic Act 1988 allows the Minister for Transport to make regulations like motorcyclists wearing helmets

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12
Q

Give an example of an SI under PACE 1984

A

The police Codes of Practice

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13
Q

What are SIs referred to and why?

A

They’re referred to as Ministerial Regulations because Ministers are in charge of it

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14
Q

Give an advantage of minsters making SIs and give an Act in the answer

A

An advantage is that under the Legislative Regulatory Reform Act 2006, minsters have the power to change any Act of Parliament to remove an administrative or financial burden

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15
Q

Why don’t Parliament use an act to put ED into use?

A

Because it’s time consuming as they’d have to update the parent/enabling Act

16
Q

What is the purpose of the Unfair Terms and Consumer Contracts Regulations Act 1994?

A

To give consumers protection against unfair terms and contracts

17
Q

How many SIs are drafted and put into practice each year?

A

Around 3000

18
Q

Who are Bylaws created by and under what Act?

A

They’re created by Local Councils under the Local Government Act 1972-includes county and town council
And public corporations/organisations

19
Q

Why is it important for Government Ministers to approve Bylaws?

A

Because a law might be passed against the Government Minister

20
Q

What kind of areas are covered by Bylaws?

A
  • Control of Traffic
  • Parking restrictions
  • Alcohol restriction etc.
21
Q

Why are Bylaws seen as democratic?

A

Because local councils are elected

22
Q

What is the purpose of publishing Bylaws?

A

To make the public aware

23
Q

Give examples of Bylaws made by companies/public corporations

A
  • Railway companies can restrict behaviour of public on premises
  • Local parking regulations