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Introduction to Delegated Legislation

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Kirsty Moss

on 27 January 2016

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Transcript of Introduction to Delegated Legislation

As Law
Introduction to Delegated Legislation

Progress Quiz on Law reform and Acts of Parliament
Starter Activity
Using your whiteboards, write down one thing you learned last lesson about Law Reform

REMEMBER- the rules are you cannot write the same thing as the person sitting next to you!!
Recap
Today we are going to be introducing the new topic 'Delegated Legislation'
What are we doing today??
Delegated Legislation
This is law created by some other person or body that IS NOT Parliament but with the AUTHORISATION of Parliament
How do Parliament give their permission?
The authority is laid down in a 'parent' Act of Parliament known as an Enabling Act.
This creates the initial framework of the law but gives other bodies the power to make more detailed law in the area the Act addresses.
They 'delegate' their law making power.
An example...
- Access to Justice Act 1999
- PACE 1984
- Criminal Justice Act 2003
The 3 types of delegated Legislation
There are 3 different types of delegated legislation
1. Orders in Council
2. Statutory Instruments
3. Bylaws
Watch the clip on delegated legislation and make a note of the 3 types...
Orders in Council
The Queen and the Privy Council which is made up of the Prime Minister and Government ministers, have the authority to make Orders in Council.


This in effect, gives the Government power to create laws without Parliament

Orders In Council can be made to;

legally implement EU Law
to transfer the responsibility of government departments
bring Acts into force
make laws in emergency situations
to alter parts of an Act
This power was given under the Civil Contingencies Act2004 and will only be used when Parliament is not in session to respond to an Emergency.
In 2003, the Misuse of Drugs Act 1971 was altered by the Privy Council to downgrade the class of cannabis
Orders in Council

REMEMBER.......

There MUST be an enabling Act that gives the Privy Council the power to make an Order in Council on a topic

Example....
Constitutional Reform Act 2005
Statutory Instruments

When Government make rules or regulations that change the law they have created a 'statutory instrument'

The departments and ministers can only make regulations for the
areas under their responsibility
Using the laptops to help you with your research, make a note of 10 different departments in the Government and explain what area of policy they deal with.
e.g. The Department of Work and Pensions deals with work related matters such as pensions, health and safety at work, maternity and paternity leave and holiday entitlements.
Statutory Instruments

Around 3000 Statutory Instruments are enacted every year, making this a major method of creating laws. However, most statutory instruments are very short
Now lets look at your homework from last lesson....
What you need to know for your exam..
- the main types of delegated legislation
- the controls of delegated legislation

What you will need to discuss...
- advantages and disadvantages of delegated legislation
- the effectiveness of the controls on delegated legislation
Statutory Instruments

Statutory Instruments are normally drafted by the legal office of the relevant government department. Consultations often take place with interested bodies and parties but only 1/3 of SI's will be put before Parliament
The Legislative and Regulatory Reform Act 2006
This Act also gives Ministers the power to make an order if it will remove any ‘burden’ resulting from the legislation. This results in Ministers being able to change Acts of Parliament without the power of the original act.
Bylaws
These are made by local councils to cover matters such as traffic controls and parking restrictions within their own council areas.

Bylaws
Bylaws are also sometimes made by companies and corporations for matters within their power which involve the general public.

Examples…..
London Underground
British Aviation Authority

Task
Fill in the summary box on delegated legislation
Full transcript