Delegated legislation

which act enables paliament to pass down power

enabling act

what are the 3 types of delegated legislation

by laws

orders in council

statutory instruments

what are orders in council

king and privy council

privy council is made up of PM and other leading ministers

allows gov to make laws without going through parliament

wide range of matters-eg transfering responsibility between government departments, bringing acts into force

have ability to make law in emergency situations

2003- altered misuse of Drugs Act cannabis to class C

what are Statutory Instruments

ministers and gov departments

can make regulations under their particular area of responsibility

can be very short and can also be long and complex

eg building regulations 2010-have 10 parts and 6 schedules

police powers to stop and search, arrest and detain-made by minister of justice under criminal evidence act 1984

over 3000 a year

what are by laws

made by local authorites to cover matters within their own area

traffic control or ban of drinking in public areas

can also be made by public coorparations and certain companies for matters within their jurisdiction, which involve the public. eg-british railways enforce law on their premisis

name the different methods that control delegated legislation

checks on enabling act by parliament

checks on delegated legislation

affirmative resolutions

negative resolutions

questioning of gov ministers

scrutiny comitee

explain checks on enabling act

enabling act sets out limits for delegated legislation

states type of law to be made and wether it can be made for whole country or certain places

parliament can repeal powers in enabling act at any time

scrutiny comitee in HOL look of bills going through delegate power inappropriately

explain checks on the Delegated legislation

4 methods

affirmative resolution

negative resolution

questioning of gov ministers

scrutiny comitee

what is affirmative resolutions

A small no. of Statutory Instruments will not become law unless specifically approved by gov.

A disadvantage of this is gov cant amend instrument , it can only approve or withdraw

what are negative resolutions

most other SIs will be subject to this

This is where the SI will become law unless rejected by parliament within 40 days

problem-very few SIs will be looked at

what is questioning of Gov ministers

individual ministers may be questioned by MPs on the work and proposed regulations

what is the scrutiny comittee

reviews all SIs and where nessesary will draw attention of both houses of parliament.

grounds for referring SI to parliament:

1) it imposes a tax or charge

2) it appears to have a retrospective affect not provided for by enabling act

3) it appears to go beyond powers given

4) it makes unusual use of those powers

5) its unclear or defective in some way

they cant alter regulations only get attention of parliament