Delegated Legislation

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What is it?
Law made by a person to whom Parliament has delegated.
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Why?
1) Does not have the time to make all the law that is necessary. 2) Parliament lacks the necessary expertise or local knowledge.
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What is an 'Enabling Act'?
An act where Parliament delegates the power to make subsequent legislation within that process area of law to another party.
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Example of a Statutory Instrument?
The Equality Act 2006. To tackle discrimination in the work place. Act allowed the Secretary of State for Business and Enterprise to create regulations that prevent harassment on the grounds of sexual orientation.
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What are 'By-Laws'?
Created by local authorities and some public bodies.
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Example of a 'By-Law' created by local authorities.
Eastbourne Town Council. Drinking alcohol in public areas within the town centre or cycling down the seafront promenade.
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Example of a 'By-Law' created by public body.
Southern Railways passed no drinking alcohol on station platforms by the Railways Act 1993.
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What are 'Orders in Council'?
Law affecting everyone and made in the name of the Queen by the Privy Council.
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Why would this be used?
1) Governing the Crown dependencies e.g. Pitcairn Orders, 1970. 2) To take action in a 'state of emergency' e.g. 'Foot and Mouth Disease'. 3)To bring parts of an Act into effect e.g. The Misuse of Drugs Act to downgrade cannabis.
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Card 2

Front

Why?

Back

1) Does not have the time to make all the law that is necessary. 2) Parliament lacks the necessary expertise or local knowledge.

Card 3

Front

What is an 'Enabling Act'?

Back

Preview of the front of card 3

Card 4

Front

Example of a Statutory Instrument?

Back

Preview of the front of card 4

Card 5

Front

What are 'By-Laws'?

Back

Preview of the front of card 5
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