delegated legislation PAPER 3*** Flashcards
what is delegated legislation?
law made by some person or body other than parliament , but with the authority of parliament
what are the three types of delegated legislation?
- orders in council
- statutory instruments
- by laws
what is an enabling act?
the act of right to create a type of delegated legislation
who makes orders in council?
the privy council (prime ministers and other leading members of government)
what can orders in council be made on?
- transferring responsibility between government departments
- bringing acts of parliament in to force
- making law in emergency situations
example of when orders in council have created law?
- misuse of drugs act 1971
what are statutory instruments?
rules and regulations made by government ministers
- can be very short and covering one point, eg. changing the national minimum wage
- can also be very long and complex, eg. police codes of practice
what are by-laws?
laws or rules made by local authorities to cover matters within their own area
- eg. parking restrictions or banning drinking in public places
how is delegated legislation controlled?
checks on the enabling act
- if powers in the original enabling act are appropriate, then delegated legislation is more likely to be properly drawn up
what ways does parliament use to check delegated legislation?
- affirmative resolution
- negative resolution
- questioning of government ministers
what are affirmative resolutions?
the statutory instrument will not become law until approved by parliament.
- included in the enabling act
- eg. new codes of PACE.
what are negative resolutions?
the statutory instrument will become law if it is not rejected by parliament within 40 days
what is questioning of government ministers?
questions to individual ministers on the work of their departments
what is the legislative and regulatory reform act 2006?
sets procedure for the making of statutory instruments which are aimed at repealing an existing law in order to remove a burden
when can delegated legislation be challenged?
if its on the grounds of ultra vires.
