Delegated Legislation

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  • Created by: Hajara11
  • Created on: 01-05-17 17:34

Delegated legislation

Delegated legislation is a law made by body other than Parliament, but with Parliaments authority. Such bodies include local councils and Government Ministers. The authority is given in an Enabling Act (Parent Act). It is called an enabling act because it enables bodies other than parliament to pass legislations.  It is called an enabling act because it enables bodies other than parliament to pass legislation. This Enabling Act gives guidance about how a new piece of legislation is to be written and processed, plus what it can contain.

By laws

By laws are made by local authorities and public corporations or companies.  Local authorities can make laws relating to its own area; so Leicester County Council can make laws affecting Leicester as a whole, while Oadby Town Council can make laws only affect the town of Oadby. Examples of bylaws include; banning on drinking in certain areas, regulations about parking and on the pay and display notice boards in car park they refer to local by laws on parking.

The dog Act 1996 allows local council to make by laws requiring certain areas to be poop and scoop zones. They are enforceable in courts but they don’t have to be published. Many by laws are made under the local government act 1972. Under the railway act 1993 railway companies can issues by laws. Public corporations such as Rail Track have the power to make laws in their own jurisdiction, for example, a ban on smoking in the London Underground system. By laws are also rarely quashed. There are some by laws that are crazy like:

·         In the city of York it is legal to kill a Scottish man if he is carrying a box and arrow.

·         In London a pregnant women is allowed to urinate anywhere including a police man’s hat.

Orders in council

Orders in council are made by the Queen and the Privy Council. Used in times of emergency when parliament is not sitting. The Privy Council has 420 members consisting of all current and former government ministers, senior politicians, members of the royal family, and senior judges and the prime minster. They have power to make orders in council under the Emergency Power Act 1920. An Order in council was used in 2000 for the fuel crisis when truck drivers prevented fuel tankers leaving resulting in petrol stations running out of fuel. Used in national emergencies (Terrorism Order 2001) and foreign affairs (Afghanistan Order 2001- made it an offence to make funds available to Osama Bin Laden or the Taliban or the Chernobyl nuclear power plant- ban food from neighboring cities and Chernobyl). Order in Council can be used to dissolve parliament before general election…

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