Types of Delegated Legislation AQA

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  • Created by: A Howells
  • Created on: 07-03-17 13:25
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  • Delegated Legislation
    • Law made by a person or body other than Parliament under an Enabling Act
      • By-Laws
        • Local Authorities
          • Under Local Government Act 1972
            • Laws concerning their area
              • Traffic, parking, waste. etc
                • Clean Neighbourhoods & Environment Act - poop scoop areas
        • Public Corporations
          • British Airways, London Underground
            • Can regulate behaviour on their premises e.g. banning smoking on underground
              • Boddington v British Transport Police - D fined under a by-law for smoking on a train
      • Orders in Council
        • Made by Queen and Privy Council under an EA or the royal prereogative
          • PM and Leading members of the government
          • Give effect to EU Directives
          • Emergency Legislation under Emergency Powers Act 1920 and Civil Contingencies Act 2004
            • e.g. during fuel crisis in 2001
            • Terrorism Order 2001
          • Transfer responsibility between government departments, e.g. creation of Ministry of Justice
          • Reclassifying cannabis from Class B to Class C under the Misuse of Drugs Act 1974
      • Statutory Instruments
        • Most common form of DL - 3,000 per year
          • Rules and regulations made by government departments
            • Introduction of National Curriculum under Education Reform Act 1988
            • Lord Chancellor can issue guidance on how to appoint judges under the Constitutional Reform Act 2005
            • Used to update law, e.g. regularly increasing minimum wage under the Minimum Wage Act 1998
          • Many made under Statutory Instruments Act 1948

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