Flashcards in Types of DL Deck (12)
Orders In Council
-drafted by Government Ministers
-given formal approval by the Privy Council and the Queen.
-The Privy Council is made up of 420 members who are either former ministers, current ministers or senior politicians.
Orders In Council
1. Give effect to European Directives
2. make emergency legislation in times of national emergency. The parent acts that allow the Queen and Pricy Council to make Orders in Council are the Emergency Powers Act 1920 and the Civil Contingencies Act 2004.
Examples of national emergencies national emergencies :
The Fuel Crisis 2000
The Foot and Mouth outbreak in 2001.
The Terrorism Order 2001 was brought in using an Order in Council to deal with the terrorist attacks of 11 September 2001.
3. They can also shift responsibility between government departments, some powers from the Home Office were also transferred, using an Order in Council, to the newly created Ministry of Justice
The Terrorism Order 2006 was also brought into law using an Order in Council, making it an offence to provide funds to anyone involved in terrorism. In A, K, M, Q and G v HM (2008) this Order was used to freeze the assets of those involved in terrorism before being declared void by the court.
Extra points if time
Other uses of Orders in Council are to dissolve Parliament before an election and to make law when Parliament is not sitting. Additionally, the Scotland Act 1998 delegated law making power from Westminster Parliament to a Scottish Assembly. They can also bring new Acts of Parliament into effect. Finally, an Order in Council was used to amend the Misuse of Drugs Act 1971 to reclassify cannabis from a Class B drug to a Class C drug in 2004.
-Also known as rules and regulations
-made by Government ministers.
-Government departments are given the power to make regulations under their particular area of responsibility.
-About 3000 being made each year.
- The Road Traffic Act 1988 ss16 & 17 delegated law making power to the Secretary of State (a government minister) under which the Motor Cycles (Protective Helmets) Regulations were introduced.
- The Smoke Free Regulations (2006) were introduced to law through a Statutory Instrument. It is now illegal to smoke in all public enclosed areas and workplaces, including vehicles which serve the public or are used for work.
- Also, Education ministers used a Statutory Instrument to introduce the National Curriculum under powers from the Education Reform Act 1988.
- The Lord Chancellor was given power under the Access to Justice Act 1999 to introduce new laws concerning the legal funding of cases. The Constitutional Reform Act 2005 was the parent Act that gave the Lord Chancellor the power to issue guidance on the procedures for the Judicial Appointments Commission who appoint judges. Finally, Statutory Instruments can be used to update the law, e.g. to regularly increase the national minimum wage under the National Minimum Wage Act 1998.
Extra points if time
-SIs are also the most usual form of delegated legislation used to comply with European directives.
-Another common type of SI is a commencement order. This is an order which stipulates when an Act of Parliament or part of an Act of Parliament comes into force. The Access to Justice Act 1999 has been the subject of 8 commencement orders and is still not wholly in force.
-Made by local authorities and public bodies or companies to deal with matters within their geographical area.
-Local authorities are given the power to do this under the Local Government Act 1972.
-These laws cover many issues including the drinking of alcohol in certain places.
-Who can make by laws?
-Local councils have the power to pass laws that concern their area.
-A county council can make laws affecting the whole of that county whereas a city council can only pass laws affecting the city.
-Lancashire County Council can pass laws affecting the whole of the county but Preston City Council can only pass laws affecting the city of Preston.
-Many involve traffic, parking, waste disposal, planning, etc.
-In 2011 Manchester City Council increased the price of alcohol through a by-law to discourage binge drinking.
Extra example if time
-In Bath, it is an offence to drink in public when told not to by a police officer
-In Cornwall, it is an offence to sleep in a public library
-Companies who affect the public, such as the British Airports Authority and British Rail also have the power to make laws regarding behaviour on their premises. In Boddington v British Transport Police, D was caught smoking on a train and fined under a By Law.