Delegated Legislation 0.0 / 5 ? LawDelegated LegislationBTEC NationalAll boards Created by: dellavictoria77Created on: 25-10-19 08:49 What is Delegated Legislation? Where law is made by some Person or Body seperate from parliament but with parliaments permission 1 of 28 What is an Act of Parliament known as? Primary Legislation 2 of 28 What is Delegated Legislation known as? Secondary Legislation 3 of 28 What does Delegated Legislation allow Government to do? Make changes to an act without the need to introduce a complete new act 4 of 28 One example of Delegated Legislation is Technical Changes, what does this mean? They can Ammend a level of a fine 5 of 28 Another example is '[Fleshing out acts' what does this do? Gives the acts greater detail 6 of 28 Give an Example of Delegated Legislation Access to Justice Act 1999- Gave the Lord Chancellor wide powers to alter the legal funding scheme 7 of 28 What is the Primary Act known as? The parent act or the enabling act 8 of 28 Who can hold powers of Delegated Legislation? 1. Government Ministers. 2. Local Councils. 3. Judges 9 of 28 What are the two Types of Delegated Legislation? 1. Statuatory Instruments. 2. Bye-laws 10 of 28 Who are Statuatory Instruments made by? Government Ministers in their particular responsibility. EG. Minister of Transport is able to deal with road traffic regulations 11 of 28 What are the Four types of Statuatory Instruments? 1. Regulations. 2. Rules. 3. Orders. 4. Orders in Council 12 of 28 What is the aim of Regulation? To fill in the gaps of the Parent Act- They will have much more detail and content in them 13 of 28 Who are Regulations Delegated to? The Revelant Government Ministers 14 of 28 What are Rules aims? To set out procedures which are to be followed in court Processes 15 of 28 Who are Rules Delegated to? The judicary and other court staff 16 of 28 What do Orders do? Bring into force sections of the parent act which did not commence at the time of royal assent 17 of 28 What are orders in council? Orders that have been approved by the Privy Council ( a formal body of advisers to the sovereign) 18 of 28 How often do the privy council meet? Once a month when the Queen is in London 19 of 28 Who creates Bye-Laws? Local Authorities or public Corperations 20 of 28 What Topic can Bye-Laws cover? Any matters in their own area ie. parking restrictions or Airport behaviour ect 21 of 28 Why is Delegated Legislation neccessary? Parliament does not have enough Time or Knowledge to to debate every small detail of regulations 22 of 28 Give an Example of when you need expert knowledge for Regulations Health and Safety Regulations need expert knowledge and Parking Regulations require Local Knowledge 23 of 28 Do we need control over Delegated Legislation? Yes! We are a democratic country so need control 24 of 28 What are the Four main Controls? 1. Publication. 2. Laying before parliament. 3. Parliamentary Committees 4. Judicial Review 25 of 28 What is Publication? S2 Statuatory Instruments Act 1946 makes it law that all statuatory instruments must be published as soon as possible after they are made 26 of 28 What can happen if a statuatory instrument is not published? If someone is charged with a criminal offence under the statuatory instrument, the fact it has not been published can be used as a defence 27 of 28 What is Laying Before Parliament? Showing the S Instrument to parliament for them to scrutinise it 28 of 28
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