Delegated Legislation

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  • Created by: hguyfufuy
  • Created on: 05-04-16 13:34
Define Delegated legislation
Laws made by bodies other than parliament but with the authority of parliament through an enabling act
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Name the three types of delegated legislation
Bylaw, statutory instruments and orders in council
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Define what a bylaw is?
Made by local authorities and public bodies to cover local matters, regulates behaviour of the public on property belonging to them
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Purpose of the Local government 1972 (enabling act)
Gives local authorities power to make laws on geographical area
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Local Authorities example
Manchester city council 2002 - Ban on public drinking
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Public bodies example
June 2008 - London underground banned drinking on tube and Dwain Chambers case with British olympic association. Overstepped by law.
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Define statutory instruments
Laws made by gov ministers with delegated powers under authority of primary legislation through area of responsibility which is laid before parliament.
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How many SI's are passed each year
3,000
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What is an SI's purpose
Bring an act or part of an act into force known as a commencement order
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Police and criminal evidence act 1984 (PACE)
Secretary of state shall issue codes of practice in connection with e.g. police powers of stop and search and the detention, treatment of questioning.
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Dangerous dogs act 1991
Allows home secretary to add more breeds of dangerous dogs to act if needed.
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Fine when using mobiles etc when driving
Made by transport minister under authority of parent act, the road traffic act 1988
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Affirmative instruments
Parliaments must expressly approve (laid before parliament) e.g. pace and changes to codes of practice
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Negative instruments
Becomes law without debate or vote- laid before parliment , usually 40 days and becomes a law either house will vote to revoke it
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Orders in council
Laws passed by privy council (group of senior politicians inc prime minister) and the Queen who are allowed to make law without parliament sitting
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What are the acts which allow power to pass laws in emergencies
Emergency power act 1920 and the civil contingencies act 2004
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How many members in the council?
420 members, only 3/4 attend meetings in which orders in council are made e.g. constitutional reform act 2005
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Eg Dealing with foreign affairs
The Afghanistan (UN sanctions) order 2001, offence makes funds available to Bin Laden etc if funded its an offence.
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Fuel Crisis 2000
Fuel prices caused panic buying . Council used powers to preserve fuel supplies. Energy act 1976 order 2000 was used to undo the provision of energy act 1976
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Give effect to EU directives
Consumer protection act 1987 order 2000- to bring uk law in line with EU product directive.
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Name the controls of DL
Parliamentary control and judicial control
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Define "Ultra Vires"
Goes beyond enabling act, judges go beyond their powers and interpret law to be ultra vires
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Define substantive ultra vires
DL is void if it includes something the enabling act didn't intend e.g. Strictland v Hayes BC 1896
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Define procedural ultra vires
May set out certain procedure before DL can be passed from enabling act e.g. Aylesbury Mushroom case 1972
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Define unreasonableness
Rogers v Swindon NHS trust 2006
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Other cards in this set

Card 2

Front

Bylaw, statutory instruments and orders in council

Back

Name the three types of delegated legislation

Card 3

Front

Made by local authorities and public bodies to cover local matters, regulates behaviour of the public on property belonging to them

Back

Preview of the back of card 3

Card 4

Front

Gives local authorities power to make laws on geographical area

Back

Preview of the back of card 4

Card 5

Front

Manchester city council 2002 - Ban on public drinking

Back

Preview of the back of card 5
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