Delegated Legislation

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  • Created by: raj5009
  • Created on: 27-04-16 11:58
What are the three types of DL?
Statutory Instruments, Orders in Council and By-laws
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Who makes Statutory Instruments?
Government Ministers and civil servants
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What gives people the power to create Statutory Instruments?
Enabling Act
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What three things can Statutory Instruments do?
Update an Act of Parliament, bring an Act into force, bring UK law into line with EU law
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Example of SI that updates an Act
National Minimum Wage (Amendment) Regulations 2012- National Minimum Wage Act 1998
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Example of SI that brings Act into force
Coroners and Justice Act 2009 (commencement no 10) Order 2012
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Example of SI that brings Act into line with EU
Money Laundering (Amendment) Regulations 2012
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Who are Orders in Council (OIC) made by?
Privy Council- Prime Minister, Royals, current and old ministers
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What can Orders in Council do?
Devolution, Emergencies, Amend, Foreign, Comply, Under, Bring. DEAFCUB
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Example of devolution (OIC)
National Assembly for Wales Order 1999
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Examples of emergencies (OIC)
Pass laws in emergency- given power by Emergency Powers Act 1920 and Civil Contingencies Act 2004
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Example of amend (OIC)
Amend Acts- Misuse of Drugs Act 1971
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What does 'under' mean (OIC)?
Under the Constitutional Reform Act 2005, they can change number of judges in Supreme Court
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Who are by-laws made by?
Local Councils and organisations
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Who gives them power to make by-laws?
EA (Local Government Act 1972) and Government Ministers
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Examples of Local Authority by-law
Clean Neighbourhoods and Environment Act 2005
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Example of Local Organisation by-law
Malvern Hills Acts
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Parliamentary Controls
Enabling Act, Delegated Powers Scrutiny Committee, Joint Select Committee on SI's, Affirmative Resolution, Negative Resolution and Questions to Minister
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Judicial Controls- how and where?
Judicial review if ultra vires in Divisional Court of the QBD of High Court
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Procedural Ultra Vires
Aylesbury Mushroom Case- procedure wasnt followed
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Substantive Ultra Vires
R v Sec. of State for the Welfare of Immigrants- went beyond the power given in EA
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Unreasonableness
Rogers v Swindon NHS Trust- didnt get medicine because of where she lived
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Conflict with EU
Vinter and Others- not successful
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Card 2

Front

Who makes Statutory Instruments?

Back

Government Ministers and civil servants

Card 3

Front

What gives people the power to create Statutory Instruments?

Back

Preview of the front of card 3

Card 4

Front

What three things can Statutory Instruments do?

Back

Preview of the front of card 4

Card 5

Front

Example of SI that updates an Act

Back

Preview of the front of card 5
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