Types of Delegated Legislation

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  • Created by: Tess
  • Created on: 25-03-14 09:16
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  • Types of Delegated Legislation
    • Orders In Council
      • Made Up Of
        • Queen
        • Prime Minister and other leading members of the government.
      • Allows government to make legislation without going through parliament
      • Uses
        • Give effect to European Directives
        • In emergency situations eg. in a war when parliament wouldn't be sitting so couldn't make appropriate legislation
          • Allowed by The Emergency Powers Act 1920 or the Civil Contingencies Act 2004
      • Orders in council have been approved at the Privy Council meeting and by the Queen.
        • The power to make an order comes from two sources, so fall under two categories:
          • Statutory Orders - Come from an act of parliament
          • Prerogative Orders - Made under the Queens power
      • eg. In 2004 an Order in Council was used to alter the Misuse of Drugs Act 1971 to make cannabis a Class C drug.
    • Statutory Instruments
      • Main method of delegated legislation - 3000 brought in each year
      • Rules and regulations that are made by Government Ministers
      • Made by:
        • Ministers and government departments are given authority to make regulations for areas under their responsibility
          • Discretionary power given to Ministers of the State by The Constitutional reforms act
            • Powers are not subject to debate in either house.
      • Not subject to debate in either house.
      • The Legislative and Regulatory Reforms Act
        • This is in addition to the specific acts giving Ministers powers to make Statutory Instruments
        • The LRRA 2006 lets Ministers make any provision by order if it will remove a burden resulting from legislation.
          • Burdens
            • Financial Cost
            • Administrative Inconvenience
            • Obstacle to efficiency, productivity or profitability
            • A sanction that affects the carrying out of any lawful activity
        • Ministers can change acts of parliament even though the original act did not allow it
          • Can't be used to implement highly controversial reforms
    • Bylaws
      • Made by local authorities to cover matters in their own area
        • eg. no drinking zones
      • Usually only created when their is no general legislation to deal with a matter of concern to local people
      • The delegated authority may be conferred on public authorities
      • Act that gives power is The Local Government Act 1972
        • Further acts which give the rights to create bylaws are The local Government (Miscellaneous Provisions) Act 1982 and The Local Government Act 2000
      • Bylaws must be approved by a secretary of state of the government
      • Councils have to advertise any proposed bylaws in the local press to give the public chance to comment on them.

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