Section A - Delegated Legislation Flashcards
(42 cards)
What is delegated legislation (DL)
When parliament passes down the power to make laws to another authority under an enabling act
What are the 3 types of DL
1) orders in council
2) statutory instruments
3) bylaws
What is orders in council
Laws created by the king or privy council
What is the privy council
An inner council in government which involves the king and government ministers
The privy council can create orders in council through 2 pieces of legislation. What are these
1) emergency powers act 1920
2) civil contingencies act 2004
When is orders in council used
1) to deal with emergency situations
2) when parliament isn’t sitting
What is the case for orders in council dealing with emergency situations
The nursing and midwifery council (emergency procedure) (amendment) order 2020 - allowed nurses to qualify using ‘remote training’
What are the 2 cases for orders in council when parliament isn’t sitting
Misuse of drugs (amendment) act 2003 - downgraded cannabis from Class B to Class C drug
Misuse of drugs (amendment) act 2008 -
Upgraded cannabis from Class C to Class B
What are statutory instruments
Powers which are given to government departments (e.g. education, transportation) made by government ministers
When are statutory instruments used (with cases)
1) update laws - National Minimum Wage Act 1998
2) provide details for laws - The Education Act 2002
3) allow for expert opinion - Road Traffic Act 1988
4) putting EU law into UK law - Working Time Regs 2003
What are bylaws
Parliament gives the power to make laws to local organisations (e.g. councils or organisations) made by local authorities
What are the 3 main situations bylaws are used to create DL
1) to keep local communities clean
2) to keep local services safe
3) to provide local facilities
What is the case for bylaws to keep communities clean
Clean Neighbourhoods and Environment Act 2005 - fined £1000 if a dog is caught fouling
What is the case for bylaws to keep local services safe
The Railways Act 1993 - enabled rail operators to make bylaws regulating the conduct of passengers
What is the case for bylaws to provide local services
Local Government Act 1972 - local councils were able to make bylaws ‘for the good time and government of the whole of a part of the district’
What are controls over DL
DL is parliament voluntarily giving up control over certain areas of law so there are controls that regulate the use of DL
What are the 2 methods of control over DL
1) parliamentary control
2) judicial control
What are the 3 types of parliamentary control over DL
1) affirmative resolution
2) negative resolution
3) scrutiny committee
What is the type of judicial control over DL
Judicial review
What is affirmative resolution as a parliamentary control over DL
DL is laid before HoC and HoL usually for 28 to 40 days before it can become a law
(It is only a law when both houses have voted in favour)
What is negative resolution as a parliamentary control over DL
DL is laid before parliament for 40 days and over the 40 days any member of parliament who objects can put a motion called a ‘prayer’ (making the DL no longer a law)
What is the scrutiny committee as a parliamentary control over DL
Statutory instruments are scrutinised and can make parliament aware of laws which need special consideration
What are the 4 reasons the scrutiny committee refers SI’s back to parliament
1) exceeds powers of The Enablimg Act
2) imposes a tax of charge on public
3) retrospective (outdated)
4) not been made under the method stipulated in The Enabling Act
What is judicial review as a judicial control over DL
DL can be challenged in high court
Someone who is affected by a piece of DL can apply to the courts for ‘judicial review’ (this can only be used when they believe the DL is ‘ultra vires’)
