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DELEGATED LEGISLATION - Coggle Diagram
DELEGATED LEGISLATION
Law made by some person or body other than the Parliament, but with the authority of Parliament
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ORDERS IN COUNCIL :
- Created by the privy council ( made up of prime ministers and other leading people of the governement )and the King
- They're only made when government are transferring responsibilities ( allows government to make laws w/out going through parliament ) and made in emergencies (when parliament is closed-Civil Contingencies Act 2004 )
- Once order in council is passed, its regulated the same way as statutory instrument: Enabling Act, affirmative resolution and negative resolution
- Constitutional Reform Act 2005 allows the privy council to alter the number of judges in supreme court
- Order in council was used to alter the Misuse of Drugs Act 1971 to make cannabis a class c drug
This refers to orders from the Privy Council which is a committee traditionally set up to advise the monarch. It is composed of around 420 members including government ministers, leading members of the opposition, judges and bishops.
Usually the orders are drafted by the government and approved by the Privy Council.
EXAMPLES INCLUDE:
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National emergencies (e.g. after 9/11 an order made it an offence to provide funds to anyone involved in terrorism).
STATUTORY INSTRUENTS
- Rules and regulations made by government minsters
- Minsters of areas are elected to make laws. E.G police codes of practice, made by ministers of justice under the police and criminal evidence Act 1984
- Makes regulations of areas under their responsibilities
- Statutory instruments can be very short covering one point only
- Others can be long and detailed which is very complex E.G building regulations 2010
MORE INFO
These are made by government ministers in their particular departments (home secretary, justice secretary etc).
These regulations are often used to update existing laws, for example to increase minimum wage, or current discussions on speed limit increase.
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BY-LAWS
- Made by local authorities by the local authorities act
- Covers matter within their own area
- Local by-laws involve: traffic control such as parking restrictions, banning drinking in public places and banning people from riding cycles in local parks
- Other by-laws are made by public corporations and certain companies ( for matter within their jurisdiction )
- Meaning bodies such as the British airport authority and the railways can enforce rules about public behavior on their premises
AUTHORITY
These are laws issued by local authorities (councils) and public corporations (e.g. London Underground) to respond to local conditions and needs. For example local alcohol bans, dog fowling (Dog Fowling of Land Act 1996), smoking on busses (before national ban) etc.
The authority is given to local councils via an act of Parliament called the parent act (eg. Local Government Act 1972)
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QUESTIONS:
1)WHAT IS MEANT BY BY-LAWS: it is a rule adopted by an organization, it is made by local authorities by the local authorities act and it covers matter within their own area such as traffic control, parking restrictions, banning drinking in a public places and banning people from riding cycles in local parks.
By-laws are usually those laws that are passed by local authorities under local government legislation. They are used to deal with local issues such as parking restrictions in a residents only parking area, the throwing of litter and park rules. Power to make such rules is also given to large commercial bodies, such as Network Rail (no smoking regulation) and the British Airport Authority (rules on security arrangements), and also to professional bodies, for example the British medical association.
2)EXPLAIN WHAT IS MEANT BY ORDERS IN COUNCIL: orders in council is a type of legislation that is created by the privy council which is made up of the prime minister and the king they are made when governments are transferring responsibilities and in emergencies.
Orders in council refer to delegated legislation in the name os the king made by his majesty's privy council, which is made up of senior government ministers. This is the most formal type of delegated legislation and is used to deal with national emergencies, for example the foot and mouth outbreak in 2001 and the fuel crisis in 2000. Other uses of order in council are to transfer responsibility between government departments or to deal with powers developed to Scotland or Wales. Such orders are also used to dissolve parliament before a general election.
3)DISCUSS THE DISADVANTAGES OF DELEGATED LEGISLATION: a disadvantage of delegated legislation is difficult wording which can lead to difficulty understanding the law and therefore there would be no order as people are unable to make out the law. Complex regulations may be difficult to understand or interpret. Another disadvantage of delegated legislation is large volume and lack of publicity which when the large volume of delegated legislation also gives rise to criticism, since it harder to find out what present law is. this is a problem as there is a lack of publicity, as delegated legislation is mainly made in private. Sub-delegation is when the law making authority is handed down another level. This is a disadvantage as it causes comments that much of our law is made by civil servants and merely rubber stamped by the minister of that department.
A major disadvantage is that delegated legislation is undemocratic it is passed by unelected people rather than by parliament even when an SI is passed by a mister it will have been drafted by civil servants who are not directly
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