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DelegatedLegislation
Unit 1
| Question | Answer |
|---|---|
| What is Delegated Legislation? | Law made by persons or bodies other than parliament but with authority from Parliament. |
| Who makes Orders in Council (OIC)? | The Privy Council and the Queen |
| When are Orders in Council made? | National emergency when Parliament is not sitting, transfer responsibilities between departments, compliance with EU directives. bringing an Act of Parliament into force, dealing with Foreign Affairs, dissolving Parliament |
| An example of Orders in Council | on 9/11 all flights going in and out of the UK where suspended |
| Who makes Statutory Instruments? | Government ministers for their area of responsibility |
| When are Statutory Instruments made? | Update law, update fines for criminal offences, Commencement Orders |
| An example of a Statuatory Instrument | National Minimum Wage Act 1998 |
| Who makes By-Laws? | Local authorities (given the power under the Local Government Act 1972) and public bodies/companies. |
| Who do By-Laws affect? | Only affect the specific area which they are made for |
| 2 examples of by-laws | Fine for dog fouling (Clean Neighborhood and Environment Act 2005) and smoking fines on the London Underground |
| Why are controls on Delegated Legislation needed? | People that make DL are not elected and Parliament can make sure that the partied are not abusing/misusing their powers |