Types/Forms of Delegated Legislation
- Created by: Kaylaingham
- Created on: 02-05-18 15:30
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- Types/Forms of Delegated Legislation
- By-laws
- How are they made?
- Under delegated powers granted by parliament
- Eg. under the Local Government Act 1972
- Must be approved by government minister
- Under delegated powers granted by parliament
- Made by local authority
- For the benefit of the local area
- Dog Fouling
- Clean Neighbourhoods and Environments Act 2005 is the name of the enabling act
- Made by other bodies
- Transport for London the power to make by laws controlling behaviour of railway users Eg. drinking, smoking, littering etc
- Greater London Authority Act 1999
- Approved by the relevant government minister being the Secretary of State for Transport in 2011
- Transport for London the power to make by laws controlling behaviour of railway users Eg. drinking, smoking, littering etc
- Are enforceable in the courts in the same way as statutes
- Local companies, councils and corporations are given enabling acts in their local area due to their local knowledge
- How are they made?
- Statutary Instruments
- Governed by the Statutary Instruments Act 1946
- Law made by government ministers
- Use their department expertise in developing the law
- Most common type o9f delegated legislation
- They will often consult experts before making decision which can then be drafted by their department and laid before parliament
- have delegated powers under the authority of primary legislation.
- Used to complete the detail of an act of parliament
- Traffic signs regulations 2002
- signs colour and size
- Traffic signs regulations 2002
- Good way of updating primary legislation
- Minimum wage act
- regular increase in the minimum wage
- Minimum wage act
- Made in the form of a Commencement Order
- specifie when an act of parliament or part of an act will come into force.
- Sometimes acts will come into force in several stages
- Equality Act 2010
- Sometimes acts will come into force in several stages
- specifie when an act of parliament or part of an act will come into force.
- Orders in Council
- Queen and the Privy Council together have the authority to make orders in council
- around 650 privy council members but only around 4 current government ministers meet with the queen once a month on average
- Privy council members consist of past and present cabinet members, speaker, leaders of main political parties, archbishops, various senior judges and other senior public figures
- Privy Council has the power to make laws when parliament id not sitting under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004
- Used in the foot and mouth crisis in 2001 to stop the spread of the disease
- Used in the fuel crisis in 2000 to control the distribution of fuel
- Used to transfer law making powers from ministers of the UK government to those of developed assemblies in Scotland and Wales
- Used to dissolve parliament before an election
- Used to give effect to European Directives under S2(2) of the European Communities Act 1972
- Queen and the Privy Council together have the authority to make orders in council
- By-laws
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