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Summary OCR A/S Law Delegated Legislation
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💭Paper 2 Section A: Delegated
Legislation
Class Paper 2 Section A Law
Created Nov 4, 2020 139 PM
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✅ Types of delegated legislation: By laws. statutory instruments and orders
in council
✅ Controls on delegated legislation: Parliament and courts
✅ Reasons for use of delegated legislation
✅ Advantages and disadvantages
Delegated Legislation
This is a law made by some person or body other than Parliament but with the
authority of Parliament. This is mainly because Parliament simply doesn't have
Paper 2 Section A Delegated Legislation 1
, the time to put every piece of legislation through the vigorous process. They
would do this by passing a 'parent' act which is knows an enabling act .
1.1 Types of delegated legislation
By-laws ( made by local authority)
Statuary Instruments ( made by government ministers)
Orders in council ( made by Queen)
1.1.1 By laws
These are made by local authorities, public bodies or large companies.
These laws deal with matters in their own area and will only apply to that
area.
Many local by-laws involve traffic control such as parking restrictions
The Dog Fouling Act 1996 which gave authority to introduce bylaws
punishing dog owners for allowing their dogs to foul public places.
1.1.2 Statutory Instruments
Government ministers or departments . They're often called ministerial
regulations. There are around 15 Governmental Departments each dealing
with different area of policy.
The Access to Justice Act 1999 gave the Lord Chancellor power to decide
which cases should be eligible for legal aid.
The Serious Organised Crime and Police 2005 which gave the Secretary of
State the power to make regulations requiring the equipment used by the
Serious Organised Crime Agency
282 Coronavirus-related Statutory Instruments laid before UK Parliament -
The Health Protection Coronavirus) 2020
1.1.3 Orders in Council
The Privy Council and are signed by the Monarch . The Privy Council is
made up of the PM and other leading members of Government.
Giving legal effect to European Directives
Transfer responsibility between government departments
Paper 2 Section A Delegated Legislation 2
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