Delegated legislation

    Cards (38)

    • Who makes Orders in Council?
      The King and Privy Council make Orders in Council.
    • What is a key characteristic of Orders in Council?
      They have national effect and are speedy.
    • What is the most important type of delegated legislation (DL)?
      Orders in Council are the most important type of delegated legislation.
    • What is one use of Orders in Council?
      They can deal with foreign nationals.
    • What did the Afghanistan (UN Sanctions) Order 2001 make an offence?
      It made it an offence to supply funding to Osama Bin Laden or the Taliban.
    • How was the Misuse of Drugs Act 1971 altered?
      It was altered using an Order in Council.
    • What change was made to cannabis in 2003?
      Cannabis was downgraded to a class 'C' drug.
    • What happened to cannabis five years after it was downgraded?
      It was upgraded to a class 'B' drug.
    • Which departments transferred powers to the Ministry of Justice?
      The Department of Constitutional Affairs and the Home Office transferred powers.
    • What does the Civil Contingencies Act 2004 allow the King and Privy Council to do?
      It allows them to make laws when Parliament is not sitting during emergencies.
    • Who can make Statutory Instruments (SIs)?
      Government Ministers can make Statutory Instruments.
    • What is required for SIs to be created?
      SIs need a parent act to be created.
    • How many SIs are created per year?
      Approximately 3,500 SIs are created per year.
    • What did the European Court of Human Rights say about s.44 of the Terrorism Act (2000)?
      It said that s.44 was too wide in allowing stop and search without reasonable suspicion.
    • What did the Terrorism Act (Remedial) Order 2011 do?
      It repealed s.44 of the Terrorism Act (2000).
    • What does the Dangerous Dogs Act 1991 allow the Home Secretary to do?
      It allows the Home Secretary to add more breeds of dog as necessary via SI.
    • Why are powers needed in delegated legislation?
      Powers are needed to give relevant ministers the authority to fill in complex details.
    • What does the Abortion Act 1967 allow the Health Minister to decide?
      It allows the Health Minister to decide how many days post-abortion the doctor has to notify the Chief Medical Officer.
    • Who makes by-laws?
      By-laws are made by public bodies and local authorities.
    • What can the British Airports Authority do under the Civil Aviation Act 2006?
      It can make rules and issue fines via by-laws.
    • What is the Clean Neighbourhoods and Environment Act (2005) related to?
      It is related to by-laws made by local councils regarding environmental issues.
    • What by-laws did Manchester City Council make under the Local Government Act 1972?
      They regulated drinking in the town centre during the Commonwealth Games 2002.
    • What can railway companies do under the Railways Act 1993?
      They can issue by-laws about the behaviour of people on their trains.
    • What was the outcome of Boddington v British Transport Police?
      The Magistrates’ court fined D £10 for smoking on a train, which was upheld on appeal.
    • What can people be fined for under railway by-laws?
      People can be fined for dodging fares.
    • What is one advantage of delegated legislation (DL)?
      Local knowledge allows locals to know better than Parliament what DL is needed in their area.
    • How does the Civil Contingencies Act 2004 strengthen delegated legislation?
      It allows the King and Privy Council to make Orders in Council during emergencies when Parliament is not sitting.
    • Why is time-saving an advantage of delegated legislation?
      Parliament does not have time to deal with 13,000 pages of DL per year.
    • What does the Clean Neighbourhood and Environment Act 2005 allow Bristol CC to do?
      It allows Bristol CC to decide where it’s an offence to leave dog foul.
    • What does the acronym LSRR stand for in the context of parliamentary controls?
      It stands for Loser (LSRR), a mnemonic for remembering controls on delegated legislation.
    • What does a parent act do in relation to delegated legislation?
      A parent act sets limits on who can legislate and the procedures they need to follow.
    • Who can form SIs under the Abortion Act 1967?
      Only the Health Minister can form SIs under the Abortion Act 1967.
    • What does the Scrutiny Committee do regarding SIs?
      The Scrutiny Committee scrutinizes all SIs and recommends amendments to both houses.
    • What is an affirmative resolution in the context of SIs?
      An affirmative resolution requires SIs to be laid before Parliament for approval.
    • What happens if MPs do not challenge a statutory instrument within 40 days?
      It will automatically become law.
    • How can Parliament repeal the powers of a delegated legislator?
      Parliament can repeal their powers by amending the parent act.
    • What does the process of judicial review examine regarding delegated legislation?
      It examines whether delegated legislation is in line with the limits set out in the parent act.
    • What can a judge declare if delegated legislation is found to be ultra vires?
      A judge can declare it incompatible with the ECHR.
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