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Delegated Legislation

Delegated Legislation. Types of Delegated Legislation. Starter – Legislation True or False. Consider each of the following statements and decide whether they are true or false. Explain your answer. The government Introduces a private members' bill when it wishes to change something.

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Delegated Legislation

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  1. Delegated Legislation Types of Delegated Legislation

  2. Starter – Legislation True or False • Consider each of the following statements and decide whether they are true or false. Explain your answer. • The government Introduces a private members' bill when it wishes to change something. • The government Introduces a public bill when It wishes to change something. • An Act of Parliament Is also known as legislation. • A Green Paper Is a draft bill that will enter Parliament. • The first reading Is when a bill Is announced to the House of Commons or the House of Lords. • The report stage comes before the committee stage. • A White Paper Is a consultative document from which a Green Paper will be drafted. • The committee stage Involves a small group of MPs looking at the bill In detail. • In the House of Lords, the bill follows the process of first reading, committee stage and report stage. • If the House of Lords wishes to make an amendment, the bill must be returned to the House of Commons.

  3. Starter – Legislation True or False Answers • False. A private members' bill Is Introduced by an Individual MP. • True. A public bill often relates to the country as a whole. • True. An Act of Parliament can also be referred to as legislation or statute. • False. A Green Paper Is a consultation paper. A White Paper often suggests a draft bill that may be adopted and subsequently enter Parliament • True. The first reading acts as an announcement that a bill has entered Parliament • False. The committee stage Is where a small group of M Ps considers the bill In detail; It will report back to the House at the report stage. • False. A White Paper Is a precursor to the legislation that will enter Parliament • True. The committee consists of a cross-party group of MPs. • False. The bill follows a first reading, second reading, committee stage, report stage and a third reading In the House of Lords. • True. The bill must be returned to the House of Commons for further consideration If the House of Lords makes an amendment The House of Commons Is where the elected representatives sit, whereas the House of Lords Is not elected.

  4. Objectives • Describe what the three main types of delegated legislation are • Explain how these three types of legislation work • Applythe three main types of delegated legislation to real life law

  5. Key Terms and Case Law • Orders in Council • Privy Council • Statutory Instruments • By-Laws

  6. Orders in Council • Historically, monarch used to rule country through Privy Council • As Crown’s powers diminished so to did the Privy Council’s • One remaining function is to make orders in council • Drafted by Government given formal approval by Queen and Privy Council • 420 members of Privy Council • Only three or four Government Ministers attend meetings at which orders are made

  7. Orders in Council - Membership • All current and former Government Ministers • Senior Politicians (e.g. leading members of opposition parties) • Members of the Royal Family • Two Archbishops • Senior Judges • British Ambassador • Leading individuals of Commonwealth • Appointment made by Queen and is for life

  8. Orders in Council - Useage • Transferring responsibilities between Government departments or to Devolved Governments (e.g. Scotland Act Orders) • Dissolving Parliament before election • Bringing an Act of Parliament into force • Compliance with EU directives Consumer Protection Act 1987 • Dealing with Foreign Affairs - (Afghanistan (UN Sanctions) Order 2001 • National emergency when Parliament is not sitting – for examples see after 9/11

  9. Statutory Instruments • Laws made by a Government Minister under the authority of the enabling Act in area of their responsibility • Drafted by legal department of the relevant Governmental department • Often used to update a law (i.e. to change fine levels for a criminal offence) • Sometimes wider powers given to fill in detail when it is too complex to go into the original act • Often referred to as regulations or orders

  10. Statutory Instruments • Often made inform of commencement orders • These specify when an Act must come into force – see example of Railways Act • May be several Commencement Orders made in respect of same Act • Town and Country Planning Act 1971 – 75 Commencement Orders • No limit on time so sometimes never get brought in e.g Easter Act 1928

  11. Statutory Instruments • Law made to comply with EU is normally made by Statutory Instrument • E.g Unfair Terms in Consumer Contracts Regulations 1999 – to comply with Unfair Terms in Consumer Contracts Directive 1993 • Provides extra protection to consumers • Large volume of law made this way • Enforced in Courts and are just as much part of law • Some to whole of UK others to constitute parts

  12. Bye-laws • Made by Local Authorities or public corporations companies • Must be ‘confirmed’ by the relevant Minister • Enforceable in courts • Local Authorities make laws to apply in their own geographic area • County council – for whole county and town council for town • E.g. drinking in public and dog fouling

  13. Bye-laws • In respect of Dog fouling is the Dogs (Fouling of Land) Act 1996 • In this a council can designate land as a poop scoop area and if not a fine will be due • Authority is given in many Acts of Parliament • Many are made under authority of Local Government Act 1972 • i.e. drinking alcohol, skateboarding • Most punishable with a fine • Normally displayed on lampposts

  14. Bye-laws • Public bodies and some corporations are authorised • Railways Act 1993 railway companies can make laws • Boddington v British Transport Police (1998) was a case in which a man was fined for smoking on a train

  15. Task • Look at these pictures and answer the questions on the next slide:

  16. Questions • Kirkby Lonsdale is a very pleasant little town on the edge of the Dales National Park. The main attraction is the river, especially good for picnics, Salmon fishing and sub aqua training. The drop to the water is about 60 feet. The depth of water underneath the bridge varies from inches to about thirty feet. • What type of delegated law is this an example of? • What kind of law has it created? • Who passed this law? • Can you name the actual enabling Act? • Is it well drafted? • What might be a reasonable excuse? • How and where could this law be challenged? • Which Government Minister would be responsible for this law? • Why was this not passed by Parliament?

  17. Plenary – complete this table

  18. Plenary – complete this table

  19. Objectives • Describe what the three main types of delegated legislation are • Explain how these three types of legislation work • Applythe three main types of delegated legislation to real life law

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