What is deligated legislation?
When parliament pass down some of their law making power to other bodies.
How is deligated legislation done?
Through an enabling act such as Police and Criminal Evidence Act (PACE) 1984
What are the types of DL?
- Orders in council
- By - Laws
- Statutory instruments
Who makes orders in council?
The monarch and privy council
Why do we have orders in council?
to make law quickly with some representation of parliament upholding the democraticness of parliament
When are orders in council used?
- Ammend or update law; i.e. corona virus
- Transfer responsibility between government departments
- Make law in times of emergency, when parliament is not sitting (Civil Contingencies Act 2004)
What is an example of an order in council?
The Misuse of Drugs Act 1971 (Amendment) Order 2008 - Re classed cannabis from class C to B.
Who makes by-laws?
Local authorities like county councils or public bodies like the london undeground
Who do bylaws apply to?
The areas the council or public body has control over
Why do we have bylaws?
- it is quicker for councils/public bodies to make these decisions
- they would know the situation better than Parliament
What is an example of a bylaw?
London Underground ban on smoking, this only applies to the underground.
Who makes Statutory instruments?
by government departments and ministers about their area of expertise
How many statutory instruments are made a year, and where do they apply ?
3000, they apply nationally
Why do we have statutory instruments?
Because they are specialists, they create better laws
What is an example of a statutory instrument?
The Police Code of Practice under PACE - the Minister of Justice is allowed to create rules about stop and search, arrest etc.
how does parliament control deligated legislation?
Through the Enabling Act.
What does the enabling act allow parliament to do?
- What powers to deligate
- Which government ministers to give powers to
- how they make this law
- where the deligated law can apply
- Parliment can also repeal the EA at any time.
What is an issue with the enabling act?
- the controls are mostly proactive rather than reactive
- means parliament needs to know what issues could occur to make the EA effective
What are the three ways that Statutory instruments can be controlled?
- Negative resolutions
- Affirmative resolutions
- The Joint Select Committee
What happens under a negative resolution procedure?
A Statutory instrument is poposed and will become law immediately, and will stay as law unless rejected by parliament within 40 days
What happens under an Affirmative resolution procedure?
A debate will follow the introduction of the SI and both HoP need to aprove the SI before it is inacted.
What does the Joint Select Committee review?
All Statutory instruments
What can the Joint Select Committee do?
Draw the attention of Both HoP to any SIs which need further consideration
Why might the Committee refer a SI back to Parliament?
- SI imposes a charge or a levy
- If it applies retrospectively
- goes beyond the powers given in the Enabling Act
- Makes an unusual use of powers
