DELEGATED LEGIS
LAW UNIT 1 2018
ELIZABETH STOW
STATUTORY INTER
CRIMINAL COURTS
PEOPLE
, SECTION A – DELEGATED CHOOSE 2 QUEST
LEGISLATION AND SETS FROM SECTI
STATUTORY INTERPRETATION ONE FROM SECTIO
, DELEGATED
DEFINTION: A LAW
BY A PERSON OR
TO WHOM PARLIA
LEGISLATION HAS DELEGATED L
MAKING POWER.
, BY-LAWS
By-Laws are made by local authorities and public corporation companies (i.e. Railtra
Must be confirmed by the appropriate government minister, and are enforceable in t
courts.
• Most By-Laws made under authority of the LOCAL GOVERNMENT ACT 1972.
• Made by local authorities to address issues specific to that authority – Mancheste
Dog Control Orders 2007, given the power from the parent act; Clean Neighbourhoo
and Environment Act 2005.
• Local councils have the necessary local knowledge other MP’s lack, can identify sal
local issues and resolve them, saving parliamentary time.
• Made by public corporations to address issues specific to that corporation – By-la
restricting smoking on trains and in stations; penalty fares for travelling without a v
ticket under the RAILWAYS ACT 1993 and the TRANSPORT ACT 2000.
• Under the NATIONAL TRUST ACT 1907, the NT can regulate visitors to its properties
littering and bad behaviour.
, STATUTORY INSTRUMENTS
(SI)
EG: CONSTITUTIONAL REFORM ACT 2005 (s.65 gives Chancellor power to issue guida
judicial appointments)
SI’s are laws made by a government minister under the authority of a parent/enablin
within the area of their ministerial responsibility. Drafted by the legal department of
relevant government department.
• They have full force of the law - are enforceable in courts, and can apply to the entir
Kingdom, or just certain constituent countries.
Often used to update a law or add detail to an existing Act – alter the amount o
for a criminal offence; regular increase in the minimum wage (as per the National Min
Wage Act 1998).
• Used to bring an act of parliament into force – Railways Act 2005 Commencem
Order.
• Used to bring EU Dircetives into force – Employment (Sex Discrimination) Regulation
• Accounts for a large volume of made law – 3133 SI’s in 2011.
, STATUTORY INSTRUMENT
PROCEDURE
Most SI’s must be laid before Parliament. There are two methods:
AFFIRMATIVE RESOLUTION PROCEDURE: Must receive
Parliamentary assent within a specified time frame (usually 28-40
days). Used for SI’s of significant importance i.e. SI’s made under
the HRA 1998 (Only used in 10% of Enabling Acts).
NEGATIVE RESOLUTION PROCEDURE: Most common SI’s
become law without a debate or vote - may be opposed, or “prayed
against”, by a member of either House. If so, there is an annulment,
debate and vote. If no conflict raised within 40 days, the SI becomes
law.
, ORDERS IN COUNCIL
Orders in Council are drafted by the government, and given formal approval by the Queen and Privy
• Among the Privy Council are current and former government ministers, senior politicians and memb
the Royal Family. Appointment to the Privy Council is made by the Queen, and is for life.
ORDERS IN COUNCIL ARE USED WHEN:
• There is a transfer of responsibilities between government departments – devolution of power f
Westminster departments to Scottish Parliament as per the SCOTLAND ACT 1998.
• To dissolve Parliament before a General Election.
• Compliance with EU directives where no debate is required – CONSUMER PROTECTION ACT 1987
(PRODUCT LIABILITY) (MODIFICATION) ORDER 2000.
• To update existing acts of parliament - MISUSE OF DRUGS ACT 1971 (MODIFICATION) ORDER 200
Cannabis a Class B)
• In times of national emergency when Parliament is not sitting under the EMERGENCY POWERS AC
Terrorism (UN Measures) Order 2001; made it an offence to provide funds to anyone involved in ter
activity.
• Also when Parliament cannot act hastily enough – Energy Act 1976 (Reserve Powers) Order 2000 –
petrol stations ran out of fuel; the Order enabled movement of fuel throughout the country and alloc
reserves to the Emergency Services.
LAW UNIT 1 2018
ELIZABETH STOW
STATUTORY INTER
CRIMINAL COURTS
PEOPLE
, SECTION A – DELEGATED CHOOSE 2 QUEST
LEGISLATION AND SETS FROM SECTI
STATUTORY INTERPRETATION ONE FROM SECTIO
, DELEGATED
DEFINTION: A LAW
BY A PERSON OR
TO WHOM PARLIA
LEGISLATION HAS DELEGATED L
MAKING POWER.
, BY-LAWS
By-Laws are made by local authorities and public corporation companies (i.e. Railtra
Must be confirmed by the appropriate government minister, and are enforceable in t
courts.
• Most By-Laws made under authority of the LOCAL GOVERNMENT ACT 1972.
• Made by local authorities to address issues specific to that authority – Mancheste
Dog Control Orders 2007, given the power from the parent act; Clean Neighbourhoo
and Environment Act 2005.
• Local councils have the necessary local knowledge other MP’s lack, can identify sal
local issues and resolve them, saving parliamentary time.
• Made by public corporations to address issues specific to that corporation – By-la
restricting smoking on trains and in stations; penalty fares for travelling without a v
ticket under the RAILWAYS ACT 1993 and the TRANSPORT ACT 2000.
• Under the NATIONAL TRUST ACT 1907, the NT can regulate visitors to its properties
littering and bad behaviour.
, STATUTORY INSTRUMENTS
(SI)
EG: CONSTITUTIONAL REFORM ACT 2005 (s.65 gives Chancellor power to issue guida
judicial appointments)
SI’s are laws made by a government minister under the authority of a parent/enablin
within the area of their ministerial responsibility. Drafted by the legal department of
relevant government department.
• They have full force of the law - are enforceable in courts, and can apply to the entir
Kingdom, or just certain constituent countries.
Often used to update a law or add detail to an existing Act – alter the amount o
for a criminal offence; regular increase in the minimum wage (as per the National Min
Wage Act 1998).
• Used to bring an act of parliament into force – Railways Act 2005 Commencem
Order.
• Used to bring EU Dircetives into force – Employment (Sex Discrimination) Regulation
• Accounts for a large volume of made law – 3133 SI’s in 2011.
, STATUTORY INSTRUMENT
PROCEDURE
Most SI’s must be laid before Parliament. There are two methods:
AFFIRMATIVE RESOLUTION PROCEDURE: Must receive
Parliamentary assent within a specified time frame (usually 28-40
days). Used for SI’s of significant importance i.e. SI’s made under
the HRA 1998 (Only used in 10% of Enabling Acts).
NEGATIVE RESOLUTION PROCEDURE: Most common SI’s
become law without a debate or vote - may be opposed, or “prayed
against”, by a member of either House. If so, there is an annulment,
debate and vote. If no conflict raised within 40 days, the SI becomes
law.
, ORDERS IN COUNCIL
Orders in Council are drafted by the government, and given formal approval by the Queen and Privy
• Among the Privy Council are current and former government ministers, senior politicians and memb
the Royal Family. Appointment to the Privy Council is made by the Queen, and is for life.
ORDERS IN COUNCIL ARE USED WHEN:
• There is a transfer of responsibilities between government departments – devolution of power f
Westminster departments to Scottish Parliament as per the SCOTLAND ACT 1998.
• To dissolve Parliament before a General Election.
• Compliance with EU directives where no debate is required – CONSUMER PROTECTION ACT 1987
(PRODUCT LIABILITY) (MODIFICATION) ORDER 2000.
• To update existing acts of parliament - MISUSE OF DRUGS ACT 1971 (MODIFICATION) ORDER 200
Cannabis a Class B)
• In times of national emergency when Parliament is not sitting under the EMERGENCY POWERS AC
Terrorism (UN Measures) Order 2001; made it an offence to provide funds to anyone involved in ter
activity.
• Also when Parliament cannot act hastily enough – Energy Act 1976 (Reserve Powers) Order 2000 –
petrol stations ran out of fuel; the Order enabled movement of fuel throughout the country and alloc
reserves to the Emergency Services.
