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22 Cards in this Set
- Front
- Back
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Order in Council's Functions:
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- Transferring responsibilities between government departments.
-Dissolving Parliament. -Dealing With Foreign Affairs. (play a roll in times of national emergencies when parliament is not sitting) |
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Who Makes Orders in Council??
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Drafted by the Government and given formal approval by the Queen and Privy Council.
Their authority to act in National Emergencies is laid out in the Civil Contingencies Act 2004 & the Emergency Powers Act 1920. |
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An Example of an Order in Council:
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The Energy Act 1976 (Reserve Powers) Order 2000 was used to give the Government power to control fuel supplies when the fuel crisis occurred.
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Statutory Instruments
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Used to Update and amend an Act of Parliament to fill in any gaps.
e.g. to revise a fine for an offense. |
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S.I.
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Most common form of Delegated Legislation.
Approximately 3000 are made every year. often referred to as 'Regulations' or 'Orders'. |
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S.I.
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Laws Made by a Government Minister under the authority of a parent/enabling Act in the area of the ministerial responsibility.
Drafted by the legal department of the relevant Government department. |
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An Example of a Statutory Instrument:
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the Health Act of 2006 gave the Minister of Health the power to set the penalties for breaching the smoking ban.
The relevant S.I. is the smoke-free (Penalties and Discounted Amounts) Regulations 2007. |
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By-Laws:
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Laws that effect only a local area of group of people. They do not effect the country as a whole.
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Who Makes By-Laws??
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Made by local authorities and only apply to the areas controlled by those authorities.
Some Public Bodies and Companies have the power to make By-Laws to regulate the behavior of the public whilst on their property. |
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An Example of a By-Law:
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Dogs (Fouling of Land) Act 1996.
Under this Act a local authority can designate areas of land as 'poop scoop' areas. |
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CONTROL BY PARLIAMENT:
The Parent / Enabling Act |
Parliament has the ultimate power over Delegated Legislation as it retains power over the parent/enabling Act. they are able to amend or repeal it to take power away.
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CONTROL BY PARLIAMENT:
Positive Resolution |
This process can be time consuming.
Parliament have the power to approve, annul or withdraw the S.I. but cannot amend it. Because of this they are only used for important and controversial issues. |
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S.I.
POSITIVE RESOLUTION |
Laid before parliament before they become law, some are subject to P.R. which means they must be debated in and approved by parliament before they can become law.
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S.I.
NEGATIVE RESOLUTION |
The majority of S.I. are subject to N.R. which means Parliament doesn't have to debate them unless any objections from either house arise. if there are no objections then after a set period of time the S.I. will automatically become law. However, overall they are rarely questioned.
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CONTROL BY PARLIAMENT:
Negative Resolution |
Members from either house can call for an annulment, which results in a debate & a vote. The S.I. will not become law if either house votes against it.
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The Joint Select Committee on Statutory Instruments
(Scrutiny Committee) |
Made up of members from both houses of Parliament. it reviews S.I.'s and refers issues to Parliament, e.g.
- Misuse of Power. - Unclear Drafting. - Failure to follow the correct procedure when creating the S.I. they don't have any power, they can only make recommendations to Parliament. |
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CONTROL BY PARLIAMENT:
The House of Lords Delegated Powers Scrutiny Committee: |
Responsibly for reviewing the enabling provisions contained within bills, if an enabling section appears to be inappropriate then the committee brings it to the House of Lord's attention before the Bill becomes Law. meaning that the quality of the Delegated Legislation remains high.
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CONTROL BY THE COURTS
(Judicial Review): Substantive Ultra Vires |
This is one of the grounds on which the courts can review a decision. 'Ultra Vires' means 'beyond the powers'. So Substantive Ultra Vires means that the person or body who was delegated the legislation has gone beyond their powers that Parliament granted them.
e.g. the Aylesbury Mushroom Case (1972) |
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CONTROL BY THE COURTS
(Judicial Review): Procedural Ultra Vires |
Means that the body who made the Delegated Legislation in question did not follow the correct procedure laid out in the Enabling Act.
e.g. Customs and Excise Commissioners V Cure & Deeley Ltd (1962). |
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CONTROL BY THE COURTS
(Judicial Review): Unreasonableness |
The courts control D.L. through Judicial Review, they may declare the D.L. as void on the basis that it's unreasonable. this is often referred to as 'Wednesbury Unreasonableness' after the case it originated from: (Associated Provincial Picture Houses V Wednesbury Corporation (1948).)
C.E: Strickland V Hayes Borough Council (1896). |
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Delegated Legislation
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Law made by a person or body to whom Parliament has delegated law-making power as they are considered to be best equipped with the knowledge and resources to make the type of law required.
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The Three Types of Delegated Legislation:
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- Orders in Council
- Statutory Instruments - By-Laws |
