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Unit 2A Law
Delegated legislation
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Cards (38)
Who makes Orders in Council?
The
King
and
Privy Council
make Orders in Council.
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What is a key characteristic of Orders in Council?
They have
national
effect and are
speedy
.
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What is the most important type of delegated legislation (DL)?
Orders in Council
are the most important type of delegated legislation.
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What is one use of Orders in Council?
They can deal with
foreign nationals
.
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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.
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How was the Misuse of Drugs Act 1971 altered?
It was altered using an
Order in Council
.
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What change was made to cannabis in 2003?
Cannabis was downgraded to a
class 'C'
drug.
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What happened to cannabis five years after it was downgraded?
It was upgraded to a
class 'B'
drug.
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Which departments transferred powers to the Ministry of Justice?
The Department of
Constitutional Affairs
and the
Home Office
transferred powers.
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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.
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Who can make Statutory Instruments (SIs)?
Government Ministers
can make Statutory Instruments.
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What is required for SIs to be created?
SIs need a
parent act
to be created.
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How many SIs are created per year?
Approximately
3,500
SIs are created per year.
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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
.
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What did the Terrorism Act (Remedial) Order 2011 do?
It repealed
s.44
of the
Terrorism Act (2000)
.
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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
.
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Why are powers needed in delegated legislation?
Powers are needed to give relevant
ministers
the
authority
to fill in complex details.
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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
.
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Who makes by-laws?
By-laws are made by
public bodies
and
local authorities
.
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What can the British Airports Authority do under the Civil Aviation Act 2006?
It can make rules and issue fines via
by-laws
.
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What is the Clean Neighbourhoods and Environment Act (2005) related to?
It is related to
by-laws
made by local councils regarding
environmental
issues.
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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
.
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What can railway companies do under the Railways Act 1993?
They can issue
by-laws
about the behaviour of people on their trains.
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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.
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What can people be fined for under railway by-laws?
People
can
be
fined
for
dodging fares.
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What is one advantage of delegated legislation (DL)?
Local knowledge allows locals to know better than
Parliament
what DL is needed in their area.
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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.
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Why is time-saving an advantage of delegated legislation?
Parliament does not have time to deal with
13,000
pages of DL per year.
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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
.
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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.
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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.
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Who can form SIs under the Abortion Act 1967?
Only the
Health Minister
can form SIs under the Abortion Act 1967.
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What does the Scrutiny Committee do regarding SIs?
The Scrutiny Committee
scrutinizes
all SIs and recommends
amendments
to both houses.
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What is an affirmative resolution in the context of SIs?
An affirmative resolution requires SIs to be laid before
Parliament
for approval.
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What happens if MPs do not challenge a statutory instrument within 40 days?
It will
automatically
become
law.
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How can Parliament repeal the powers of a delegated legislator?
Parliament can repeal their powers by amending the
parent act
.
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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
.
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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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