deck_5661412 Flashcards
what does delegate mean?
To pass power, responsibility or authority to another person or body
What is delegated legislation?
Law made by a person or body to which Parliament has delegated law-making power
Why is there delegated legislation?
Most acts passed by Parliament provide a framework for law but need more detail, parliament doesn’t have enough time or expertise for this
Why is more detail needed?
A new law may be required for a specific area of the country for which case specialist local knowledge may be required, A new law on a technical matter such as health or agriculture will require specialist technical knowledge, And sometimes an emergency or a new situation may require a new law to be made very quickly and parliament often doesn’t have the specialist/technical knowledge to make law quickly and the formal legislative process requiring readings in both houses isn’t suitable in an emergency
What must happen for Parliament to be able to delegate it’s power?
An Enabling Act/Parent Act must be passed
What is a parent/enabling act?
Enables further law to be made under this authority. It contains the outline framework of the new law, within the Act will be authority for a specified person. It will likely specify the area within which law can be made, and any procedures must be followed
Who is law making power given to?
The person or body that is best equipped with the knowledge and resources to make the type of law required eg train and bus companies can be given power to make laws in respect of their property. Also as with the law banning smoking in enclosed public spaces, power to make law on such a technical manner is given to a government minister who has the support of a specialist civil servant department
Who used to rule the country through the privy council?
The monarch through the privy council
What sort of powers does the monarch have today?
The powers were eventually reduces and parliament emerged as the sovereign power, the powers of the Privy council were diminished
What is one of the remaining functions of the Privy Council?
To make orders in council, which are drafted by the government and given formal approval by the queen and privy council
How many members are there of the privy council currently?
Over 420 members but only three or four government ministers attend meetings at which orders in council are made
What does the privy council consist of?
Current and former government ministers, senior politicians, members of the royal family, two archbishops, senior judges, British ambassadors and leading individuals in the commonwealth
Appointment is made by who?
The Queen on the advice of the government, and it is for life
When are orders in councils used?
Transferring responsibilities between government departments or from Westminster departments to the Scottish Parliament and the Welsh Assembly, Dissolving Parliament before an election, Bringing an Act of Parliament into force, Compliance with EU directives (consumer protection act 1987), Dealing with foreign affairs (Afghanistan Order 2001), and in times of National emergency
What are statutory instruments?
Laws made by Government ministers within the are of their responsibility, and are enforceable in Court- just as much part of the law as Acts of Parliament. Some apply to all of the UK and others are only for certain countries
What are they often used to do?
Update a law eg to change the amount of a fine for a criminal offence or the regular increase in the amount of the national minimum wage (National Minimum Wage Act 1998)
Why are wider powers given to the government minister sometimes?
To fill in the necessary detail which is too complex to be incorporated into the Act
What are they referred to?
Regulations or Orders
What are they often made in the form of?
Commencement orders
What are commencement orders?
These are orders made by a government minister specifying when an Act or pat of an Act must come into force eg when brining into force some of the Railways Act 2005
What when bringing the Town and Country Planning Act 1971 into force?
Several commencement orders can be made in respect to the same Act, this act was brought into force by 75 commencement orders
What is the time limit for commencement orders?
There is no time limit within which a commencement order must be made and so some acts never come into force (Eg Easter Act 1928)
What is another type of law that is made in the form of a statutory instrument?
Law made to comply with directive from the European Union
How many statutory instruments were made in 2010 and 2011?
2971 in 2010 and 3133 in 2011
