Types of Delegated Legislation
- Created by: Dominic Hayward
- Created on: 29-10-13 11:48
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- Law 01 Delegated Legislation
- Orders in Council
- Used to implement matters of great importance, usually used in an emergency-eg emergency powers act
- Used when parliament isn't sitting.
- Why are parliament unsuitable to make Orders in Council?
- Needs to be made fast, in an emergency, but parliament takes up to 1 year.
- MP's live in their constituency- so will be unable to make emergency laws
- Made by privy council in the name of the queen
- When are they used?
- To bring an act of parliament into force.
- When parliament is dissolved before an election
- To comply with EU directives
- When statutory instruments are inappropriate. (emergency)
- Delegated legislation and parent acts
- Scotland Act 1998-Scotland gained more responsibility.
- Afghanistan Order 2001- it became an offense to give money to the Taliban.
- Emergency Powers Act 1920-Enabled orders in council to be made during a crisis.
- Statutory Instruments
- Made by government ministers under acts of parliament which affects his department
- Eg the transport minister has the power to change speed limits
- Most common type of delegated legislation
- As it updates existing legislation
- Why are parliament unsuitable for making statutory instruments?
- Government would lack knowledge of that area.
- Too long to update legislation through parliament
- Up to 4000 statutory instruments are made each year, too many for parliament
- When are they used?
- Used to bring an act of parliament into force eg the smoking ban 1st July 2007
- Used to implement EU directives e.g. tobacco bans
- To define an issue eg The easter Act 1928 defined when easter bank holidays would take place
- Good to update primary legislation
- Delegated Legislation and parent acts
- Road traffic Act 1988- Made everyone where seatbelts in cars
- National Minimum wage Act 1998-Ensures everyone gets minimum wage. Updated every year to follow inflation
- Health and Safety at Work Act 1974- Manufacturers must take risk assessments at each stage of production.
- Made by government ministers under acts of parliament which affects his department
- By-Law
- Made by local authorities or other authorised bodies, e.g. British railways, within their responsibilities.
- Why are parliament unsuitable to make By-Laws?
- Parliament would be unaware of the problems at each local area.
- May be specific for each constituency
- When are they used?
- For parking and driving restrictions
- To maintain order
- To prevent minor crimes like no ball games
- To maintain public behaviour
- Delegated legislation and parent Acts
- National Trust Act 1971-regulates the use of private land
- Local government Act 1972-Divided country into counties and local governments control districts
- Clean Neighbourhoods and Environments Act 2005-Updated dog fouling Act 1996
- Orders in Council
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