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Dl 2012 13






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  • Answers:ConsultationHigh court (judicial Review)Super AffirmativeNegative ResolutionJenningsAnn SummersStrictlandAylesbury MushroomsBy LawsMisuse of Drugs Act

Dl 2012 13 Dl 2012 13 Presentation Transcript

  • Anewtopic...AnewchallengeWhat’swrongwiththispicture?
  • The purpose of today’slesson is to be able toexplain how this picturerelates to the topic, andhelps to control law.
  • The next topic:Delegated LegislationDefinition: This is where the power to make laws for a specificpurpose is delegated to a body other than Parliament.It is also known as secondary legislation....so what does that meanprimary legislation is?...why might it be importantto know whether legislationis primary or secondary?Develop yourunderstandingWhy do we need a secondform of legislation?...Dunstable wants to make thewhole town one way, as peoplekeep getting knocked down.... The group Dunstable or Die arethreatening to destroy allcompeting towns, and the HomeSecretary wants to banmembership to stop them.
  • So what do we need to give away thispower?We need a primary act of legislation, known as parent or enabling ActApplying your understanding:Each of the Acts is an example of a Parent Act. Can you guess:1. Who is gives the power to.2. What that power is.Criminal Justice andPolice Act 2001Example:Dangerous Dogs Act 1991 gives powersto the Home Secretary to add new breedsto the Dangerous Dogs list.Misuse of DrugsAct 1971PACE 1984
  • Can you think of anexample we’vealready met on theAS Level?There are three types of DL*A law covering a specificarea, or ex-nationalisedcompanies.By Law*well, there’s actually a fourth to come later!A rule or regulation putforward by the relevantministerStatutory InstrumentA law passed in emergency,or under the Queen’s oldpowers (‘perogative’)Orders in Council
  • What’s the word?By-LawParent Act Order in CouncilChallenge: Too easy? Which is the odd one out and why?YStatutory Instrument
  • Student Task:Each table has a pack of information.Using the information, can you complete p.3, toexplain, illustrate and evaluate the three types ofdelegated legislation we will look at?Applying and extendingyour knowledgeHint: You willfind twoexamples ofeach.... Oh, and don’tbe taken in byall theheadings!Who does this give power tocreate law to?EWhere do they get the powerfrom?(This means the Parent Act)DWhat powers are they given?Give some specific examplesCWhat controls (if any) can youspot on the passing of this DL?BWhy do you think that thebody was given the powersrather than Parliamentgenerally?A
  • Alittlemoreinformation...ByLawsExample One:Example Two:Local Government Act 1972Example Three:Boddington v BritishTransport Police 1998How do they become law?How do we let people know that theyapply?How do we stop Dunstable Town Councilfrom making all 16 year olds wear onesies?
  • Example One:R (Bancoult) v Secretary of Statefor Foreign and CommonwealthAffairs (2006)Student Task:At the back of your handout, you will find a copyof this article. Read it and answer the followingquestions:What were the facts of the situation?Which court handed down the verdict?When will the judgment come into effect?What problems with Orders in Council can youspot?What powers does the court have?Orders in CouncilExample Two:Emergency Powers Act 1920European Communities Act 1972These give power to:Example Three:Misuse of Drugs Act 1971 s.2
  • Err...Just one lastword onChagos...
  • Secondary or Primary?You are going to see 9 statements.Which type of legislation do they refer to?Careful: you only have 10 seconds per statement!**Lollipops require excellence!Can be over 3000 ayear!Are proposed by aministerCan be amended byParliament beforebecoming lawInvolves lampostsCan be created by aministerCan become law evenwhen Parliament isn’tthereCan be challenged inthe courtControls thepowers.Can have lots ofbabies!
  • Timetable Tweak12CFrom Thursday Week A p.6to Friday Week B p.212BFrom Tuesday Week A p.4 toMonday Week B p.3
  • StatutoryInstruments(SIs)Example One:Dangerous Dogs Act 1991Example Two:PACE 1984Example Three:Higher Education Act 2004s. 24 & 47These give powers to individual minister to make certain rules or regulations within their areas.How do they become law?How do we make sure that the minister doesn’t just do what he wants?affirmative negativeWhat’s Parliament’s input into this?
  • A final type of delegated legislation... The destruction of democracy:Legislative and Regulatory Reform Act 2006So what does the Act do?This allows a minister to ‘read in’ delegated topowers into any act of Parliament even if theywere not there to start with.Limitations:They can only be ‘read in’ if they wouldreduce a burdenThey must be passed using thesuper-affirmative resolutionThe minister must consult affected partiesStudentevaluation:Is the introduction ofthese new powersjustified? Why mightsome people call thisthe end of democracy?What steps has thegovernment taken toprovide controls? Arethey sufficient?
  • An example:I have a pet tiger!Under the Dangerous WildAnimals Act 1976, I need a licenceto have one and furthermore I must beinspected again if I lose my licence andneed a new one, or if I want to get asecond pet tigerMinister for the Environment thinks thatis too much, but has no delegatedpowers under the act to change thisAs he wants to remove inspections, hesays that this is removing a burden andso issues an LRO, reading in powers tothe earlier ActParliament decides that the LRO shouldbe passed using the superaffirmativeprocedure, rather than the affirmative60 days, and 2 votes later…It’s Law!
  • Applying your knowledgeSource:Delegated legislation is the descriptiongiven to the vast body of orders incouncil, statutory instruments andbylaws created by subordinate bodiesunder specific powers delegated tothose bodies by Parliament. The need fordelegated legislation is that it enablesregulations to be made and alteredquickly. The powers delegated arefrequently defined in the widest terms.An example is the Human Rights Actwhich empowers a minister to make suchamendments to legislation, orsubordinate legislation, as he considersappropriate in order to removeincompatibility with the EuropeanConvention on Human Rights.Adapted from Walker & Walkers English LegalSystem, R. Ward 8th Edition, Butterworths.b) Identify and explain the most suitable typeof delegated legislation to implement law inthe following situations:(i) To implement a European UnionDirective quickly when Parliament is notsitting. [5](ii) To allow a government department toissue regulations on education. [5](iii) For a train company (a publiccorporation) to implement a ban on the useof mobile phones by passengers. [5]15510Decision Because Illustration ,exampleAORP
  • Self-Marki ii iiiLevel Four5Credit reference to anyrelevant case or a link tothe source.Credit reference to anyrelevant case or a link tothe sourceCredit reference to anyrelevant case or a link tothe source.Level Three4Level Two3Explain the power wasgiven via the EuropeanCommunities ActExplain that governmentministers introduceparticular regulationsunder powers delegatedto them by Parliament inenabling legislationBylaws can be made bylocal authorities or publiccorporations.Level One1-2recognise the mostsuitable type would bean Order inCouncil.recognise the mostsuitable type would beStatutory Instrumentsrecognise the mostsuitable type would beBylaws
  • WhydoweneedDL?Well, it lets them add technicaldetail, e.g. the level of fine, withouthaving to pass a new act each timeThey can also use them flesh out thelaw in more detail, because Parliament isnot quite bright enough, or expertenough, to describe it accurately e.g.pension calculationsFinally, they can use this method toupdate the law more easily e.g.changing the classification ofCannabisThey can use the expertise ofpeople who know better than them!E.g. computer regulations,environmental standards, localcouncils.It is more flexible than primarystatutes. It can be altered to suitchanging circumstancesIt is quick to bring in, whichmeans that emergencies can beresponded to quicklyPrevents Parliamentary timetable from being overloaded by allowing them tofocus on the big picture e.g. the aims and scope of the Act, rather than theminute detail.It allows for furtherconsultation with affectedparties1. Go back through and add an explanation or example to at least fourreasons2. Discuss some of the problems associated with delegated legislation.All of you must identify three problems.Most of you will be able to explain why they are problemsSome of you will be able to discuss why they are not too terrible a problemthrough the introduction of a counter argument.Student Tasks:
  • Plenary:How well have you understood?Discuss one problem with delegated legislationExplain one reason we might need delegatedlegislationDescribe what is meant by a legislative reform orderExplain what is meant by a parent actIdentify the three types of delegated legislationABCDE
  • So, can you explain how thispicture relates to the topic,and helps to control law?
  • Who or what am I?Below there are five descriptions which will appear. As soon as you recognise who orwhat is being described...Put it on your whiteboard!(the earlier... The more points )1. I am more common than you think2. I claim to work for the Queen3. I am great at moving people4. I’m a good contact in an Emergency5. I can also bother about substances.1. I am very powerful.2. I control delegated legislation3. I am not married but have lots of children.4. I am much, much slower than my children5. I decide who has the power and what theyhave the power to do1. I am very common.2. I am made by many different organisations.3. I apply to specific places or areas4. I am often published on lamposts5. I am in the Local Government Act 19721. I am very common.2. I am made by many different people but theymust have a specific responsibility for me.3. I am also known as a regulation4. I am in the Dangerous Dogs Act5. There are over 3000 a year.1. I am more European than I sound.2. I can tell you what drugs are what3. I like working when others aren’t around4. I’m useful if your feet and mouths arebothering you5. I’m made up of many ministers.
  • What controls are there in this section of theDangerous Dogs Act 1991?What are the limits on his powers?Who else must they consult?What is the role of Parliament in creating the SI?How effective do you think these controls are?
  • ControlsonDLConsultation Publication“General”
  • Parliamentary ControlsAsk a Question!Affirmative ResolutionNegative ResolutionScrutiny Committeesin HLThe Parent Act itselfApproval for By lawsRevocation or further legislation
  • What’s the word?By-LawParent Act Order in CouncilChallenge: Too easy? Which is the odd one out and why?YStatutory Instrument
  • Judicial Controls:Judicial ReviewThis is where someone who is directly affected by the law challenges its legality inthe courts. Unlike Primary legislation, the courts can set aside DL if they wish.What is it?To bring a judicial review, you must have locus standii.Gillick v West Norfolk AHA (1986)Why did Mrs Gillick have standing?Would she have had standing if she had onlysons?Who can bring it?
  • There are two(ish) types ofJudicial ReviewProceduralDon’t follow the rulesAylesbury MushroomsSubstantiveTry to do something you don’t have thepower to do!Secretary of Statefor Education (exparte NUT)R v Jobcentre Plus(ex parte AnnSummers) 2003**IS task for this week
  • ... and Wedensbury unreasonablenessAssociated Picture House v Wednesbury Corporation 1948The local council banned all children under fourteen from going tothe cinema on Sundays. The Sunday Entertainment Act 1932, allowedlocal councils to pass by-laws controlling public entertainment venues.The cinema sought judicial review saying that the council had gonebeyond it’s powers in passing the by-law.1. Parent Act?2. Type of DL?3. Who did it give power to?4. What did they do with this power?5. Why was it not substantive or procedural?6. What was the outcome?Student task:Read the summary of the case and complete the task below
  • Starter:Each of the following illustrates a case or phraseassociated with DL... What are they?1 2 345678910
  • Recapping those Controls.On the cards, you have 12 controls.1. Match them to their description2. Sort them into the three types of control.Hint: these are not right!JointCommitteeHouse of Lordscommittee wholook at delegatedpowers in aproposed bill
  • Are the controls really effective atcontrolling anything?Example:PublicationNeed some more guidance?Can you start by explaining why it is effective? Can you expand on your point? Explain how an example supports yourargument, or give another reasonCan you counter that argument? Why might it not be so effective?Can you support and explain your counter argument?Think about it as two bullet points per boxExam tip: try to include something from each set of controls!
  • But did youreally get it?!You all seem a little unclear onone of the areas, so let’s look atall of them!Using your notes andunderstanding, complete therevision sheet to give you anoverview of the topic!
  • Dominoes:Can you make the triangles happy?Create the big triangle by matching the questions and answers on the little triangles in front of you!
  • Developing your AO2Disadvantages of DLVolumeSub-delegationDifficult toUnderstandScrutinyDemocraticAccountabilityYou will need to be able to explain why andillustrate each of themFinally... If you are going for TOP marksWhy might they not be as big an disadvantage asthey appear?
  • Plenary:How well have you understood?Discuss one problem with delegated legislationExplain one reason we might need delegatedlegislationDescribe what is meant by a legislative reform orderExplain what is meant by a parent actIdentify the three types of delegated legislationABCDE
  • Finally:How ‘rich’ is your knowledge of the last two units?
  • End of UnitTest: CiThis time, we’re going to do it a bitdifferently. We are going to complete thesections of the paper, as they are taught!With reference to sources A and Band using your knowledge ofdelegated legislation:Describe the three different typesof delegated legislation. 12Basics:AO?What does this mean youranswer should include?What will you include?What help is there in thesource(s)?
  • Intro:Main Area/ Point/SubheadingMeans? Description of each Example(s) ororigin(s)Other informationConclusionDescribe the three different types of delegated legislation [15]Hint One:It might be one box... Butit’s going to need more thanone point!Hint Two:Examples need to be morethan a statement!Hint Three:You must includeat least one LTS
  • Now Write it!15 minutes
  • Chocolate Easter Egg (Selling and Manufacture) Act 2012This is an Act to provide for the regulation of the selling of chocolate Easter eggs during the winter monthsand limit the manufacture and selling of such products until the Spring.On your sheet you have a number oftasks based on this Act.All of them are intended to check yourunderstanding of Delegated Legislation.Applying your knowledge
  • Can you tell the bad from the good?Divide them into advantages and disadvantages of DL
  • End of UnitTest: CiiThis is the difficult one!With reference to sources A and Band using your knowledge ofdelegated legislation:Discuss the disadvantages andadvantages of delegated legislation.Basics:AO?What does this mean youranswer should include?What will you include?What help is there in thesource(s)?
  • IntroductionMain Point Because Illustration/ And However... because LTSFastIt allows a quickresponse to new threatsor emergencies and soprotect the public moreeffectively.Terrorism Act 2000 (allowsnew terrorist groups to beadded)Emergency Powers Act1920 which...It does not allow forscrutiny of the decisionand can be undemocraticbecause...ConclusionDiscuss the advantages and disadvantages of delegated legislation
  • Now Write it!15 minutes
  • Decision Why/because And… AORPDecision Why/because And… AORPDecision Why/because And… AORPUsing Source B, explain the lawfulness of each of these interviews, which was conducted at a police station, but wasdone without taping.On the 1st November 1991 Gemma was arrested for a summary offence and interviewed.Carl was suspected of an indictable offence and was interviewed on the 1st November2000Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions)Act 1989 and was interviewed in March 2000
  • Quick Pause and recap…What’s the link?How a Bill becomes an Act(but more of that later….)
  • Intro:Main Area/ Point/SubheadingMeans Example or origin ExplanationPre-ParliamentaryStagesFirst HouseOther PlaceRoyal Assent(Parliament Act 1949restrictions)ConclusionDescribe how an Act of Parliament is made with reference to source A and your own knowledge
  • So, what makes agood answer?Here’s an answer from a student in the past:Parliament writes a Bill which becomes an Act.Before it’s a bill, it starts as a green paper and then awhitepaper.When the bill goes to Parliament, it gets it’s firstreading where the minister stands up and reads outthe bill. If it is successful, then it moves on to thesecond reading where there’s a debate. At this pointit then goes to the committee who look at the billand report back and there is one final debate in thethird reading before it goes to the House of LordsIn the House of Lords, it goes through all the samestages. Only budgets can’t start here. It then goes tothe Queen to sign, or as the source calls it, royalassent, before it becomes law on the date ofcommencement.The process is a long one and can involve lots of pingponging between the two houses.Good Things inthe AnswerFailures in theAnswerOther thingsthat should havebeen mentionedWhich of the following descriptions do youthink fits the answer?“linking to the source, accurate reference toeach stage with good supporting detail andmention the pre-legislative stages”“most or all the stages are present with someexplanation”“some stages and some explanation”“a bare list, with no more that a couple ofpoints explained”
  • Quick Self-EvaluationComplete the short form in front of you, and stick it on the back of your answer.For each question, pick the level you think you have achievedQu. A Qu.B Qu.Ci Qu.CiiLevel 4 linking to the source,accurate reference toeach stage with goodsupporting detail andmention the pre-legislative stagesIdentifies the criticalpoint (whether lawful),two other relevantfactors and explanation& LTSCovers all three typesand links to the source.Good level ofdescriptionFour well developedpoints, covering bothsides and linking to thesourceLevel 3 most or all the stagesare present with someexplanationIdentifies the criticalpoint, one other relevantfactor, explanation &LTSCovers all three types,with an adequate levelof description.Three well developedpoints and some kind oftwo sided discussion –at least one mention ofeach.Level 2 some stages and someexplanationIdentifies the criticalpoint and explains whyEither covers all three,but with limiteddescription or coversone or two withadequate descriptionEither two welldeveloped points, or arange of limited points.May be only focused onone sideLevel 1 a bare list, with nomore than a couple ofpoints explained”Tries to identify thecritical point.Either very limiteddescription of all three,or only describes one.A list, which may havesome development inplaces.
  • PlenaryHow confident are you?The types of billHow a Bill becomes an ActWhat delegated legislation isThe three types of DLWhy we need DLThe general controls of DLThe Parliamentary controls of DLThe judicial controls of DLThe changes under the Legislative andRegulatory Reform Act 2006I knowwhat thisis.I candescribethisI canevaluate ordiscuss thisAny areas you have put nothing for...Were you missing?Did you ask?Have you researched?