Delegated Legislation

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What is Delegated Legislation?
Where law is made by some Person or Body seperate from parliament but with parliaments permission
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What is an Act of Parliament known as?
Primary Legislation
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What is Delegated Legislation known as?
Secondary Legislation
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What does Delegated Legislation allow Government to do?
Make changes to an act without the need to introduce a complete new act
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One example of Delegated Legislation is Technical Changes, what does this mean?
They can Ammend a level of a fine
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Another example is '[Fleshing out acts' what does this do?
Gives the acts greater detail
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Give an Example of Delegated Legislation
Access to Justice Act 1999- Gave the Lord Chancellor wide powers to alter the legal funding scheme
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What is the Primary Act known as?
The parent act or the enabling act
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Who can hold powers of Delegated Legislation?
1. Government Ministers. 2. Local Councils. 3. Judges
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What are the two Types of Delegated Legislation?
1. Statuatory Instruments. 2. Bye-laws
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Who are Statuatory Instruments made by?
Government Ministers in their particular responsibility. EG. Minister of Transport is able to deal with road traffic regulations
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What are the Four types of Statuatory Instruments?
1. Regulations. 2. Rules. 3. Orders. 4. Orders in Council
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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
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Who are Regulations Delegated to?
The Revelant Government Ministers
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What are Rules aims?
To set out procedures which are to be followed in court Processes
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Who are Rules Delegated to?
The judicary and other court staff
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What do Orders do?
Bring into force sections of the parent act which did not commence at the time of royal assent
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What are orders in council?
Orders that have been approved by the Privy Council ( a formal body of advisers to the sovereign)
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How often do the privy council meet?
Once a month when the Queen is in London
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Who creates Bye-Laws?
Local Authorities or public Corperations
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What Topic can Bye-Laws cover?
Any matters in their own area ie. parking restrictions or Airport behaviour ect
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Why is Delegated Legislation neccessary?
Parliament does not have enough Time or Knowledge to to debate every small detail of regulations
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Give an Example of when you need expert knowledge for Regulations
Health and Safety Regulations need expert knowledge and Parking Regulations require Local Knowledge
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Do we need control over Delegated Legislation?
Yes! We are a democratic country so need control
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What are the Four main Controls?
1. Publication. 2. Laying before parliament. 3. Parliamentary Committees 4. Judicial Review
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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
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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
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What is Laying Before Parliament?
Showing the S Instrument to parliament for them to scrutinise it
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Other cards in this set

Card 2

Front

What is an Act of Parliament known as?

Back

Primary Legislation

Card 3

Front

What is Delegated Legislation known as?

Back

Preview of the front of card 3

Card 4

Front

What does Delegated Legislation allow Government to do?

Back

Preview of the front of card 4

Card 5

Front

One example of Delegated Legislation is Technical Changes, what does this mean?

Back

Preview of the front of card 5
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