Dl 2011 12


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Dl 2011 12

  1. 1. Starter: Dominoesdid you understand the last topic?!
  2. 2. And now for something new... Delegated LegislationDefinition: This is where the power to make laws for a specific purpose is delegated to a body other than Parliament WARNING: if we are giving power to people or organisations other than Parliament what have we got to be careful of?
  3. 3. You are going to need some new vocabulary!An act which contains delegated powers is known as a parent or enabling Act Task: Each of the Acts below is an example of a Parent Act. Can you guess: 1. Who is gives the power to. 2. What that power is. Example: Local Government Act 1972 give local authorities the power to pass by laws concerning local matters e/g traffic and one way streets. Misuse of Violent Crime Drugs Act Reduction Act 1971 2006 Dangerous Dogs PACE 1984 Act 1991
  4. 4. One more term before you begin... Secondary legislation Develop your understanding ...so what does that mean primary legislation is? ...why might it be important to know whether legislation is primary or secondary?
  5. 5. Label the types of DL: Now complete the table at the back of your handout
  6. 6. Now, in your handout complete the first page! ACT DELEGATES POWER TO MAKE LAWS TO… CONCERNING….Dangerous Dogs Act 1991Misuse of Drugs Act 1971 Police andCriminal Evidence Act 1984 Violent Crime Reduction Act 2006*
  7. 7. What’s wrong with this?
  8. 8. Can you work it out? Student Task: Each group has an A3 sheet, and a pack of information*. Using the information, can you complete the A3 sheet, to explain and illustrate the three types of delegated legislation we will look at? You will find two examples of each. ... Oh, and don’t be taken in by all the headings! *They will be photocopied!
  9. 9. Secondary or Primary? You are going to see 10 statements. Which type of legislation do they refer to? Careful: you only have 20 seconds per statement!* Can Controlslaw evena Can become Can be amended by Can behave lotsby aa Arebe challenged in Canproposed of created by over 3000 the Involves lamposts when Parliament isn‟t Parliament before the court minister powers. babies! year! becoming law there *Stickers require excellence!
  10. 10. By LawsExample One: These give power to: Example Two: Local Government Act 1972 Example Three: Boddington v British Transport Police 1998
  11. 11. Orders in Council These give power to: Example One: R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (2006) Example Two: Emergency Powers Act 1920 European Communities Act 1972 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? Example Three:Which court handed down the verdict?When will the judgment come into effect?What problems with Orders in Council can you Misuse of Drugs Act 1971 s.2spot?What powers does the court have?
  12. 12. Err... Just one last word onChagos...
  13. 13. Statutory Instruments (SIs) These give power to: Example One: Dangerous Dogs Act 1991 Example Two: PACE 1984Example Three:Higher Education Act 2004 s. 24 & 47 Thinking: Why has Parliament delegated these powers?
  14. 14. Applying your knowledge Source: b) Identify and explain the most suitable type of delegated legislation to implement law in Delegated legislation is the description the following situations: given to the vast body of orders in council, statutory instruments and (i) To implement a European Union bylaws created by subordinate bodies Directive quickly when Parliament is not 5 under specific powers delegated to sitting. [5] those bodies by Parliament. The need for delegated legislation is that it enables Decision Because Illustration , AORP regulations to be made and altered example 10 quickly. The powers delegated are frequently defined in the widest terms. An example is the Human Rights Act which empowers a minister to make such amendments to legislation, or (ii) To allow a government department to 15 subordinate legislation, as he considers appropriate in order to remove issue regulations on education. [5] incompatibility with the European Convention on Human Rights. (iii) For a train company (a publicAdapted from Walker & Walkers English Legal corporation) to implement a ban on the useSystem, R. Ward 8th Edition, Butterworths. of mobile phones by passengers. [5]
  15. 15. An absolutely Confidence in the Peer Mark great thing skills Better if you... i ii iiiLevel Four Credit reference to any Credit reference to any Credit reference to any5 relevant case or a link to relevant case or a link to relevant case or a link to the source. the source the source.Level Three4Level Two Explain the power was Explain that government Bylaws can be made by3 given via the European ministers introduce local authorities or public Communities Act particular regulations corporations. under powers delegated to them by Parliament in enabling legislationLevel One recognise the most recognise the most recognise the most1-2 suitable type would be suitable type would be suitable type would be an Order in Statutory Instruments Bylaws Council.
  16. 16. Why are theseimportant in the law?
  17. 17. Who or what am I?Below there are five descriptions which will appear. As soon as you recognise who or what is being described... Put it on your whiteboard! (the earlier... The more points ) 1. I am very powerful. than you think more common 1. I Iam very common. than I sound. 1. ammore common. very European 2.2. I am madedelegateddifferent people but they I control by many the Queen claim to work for legislation 2. I Ican tell youspecific responsibility for me. 2. must have aby many different organisations. am made what drugs are what 3. I am great at moving people of children. not married but have lots 3. I Iam also known asplaces or areasaround 3. like working when a regulation apply to specific others aren’t 4.4. I’mam much,your feet and Emergency I useful if much slower than my children I’m a good contact in an mouths are 4. I Iam in theyou 4. bothering Dangerouson lamposts am often published Dogs Act 5. I decide who has about substances. they can also bother the power and what 5. Therein the Local Government Act 1972 5. I’m made up of3000 do I haveare over many ministers. am the power to a year.
  18. 18. Stop overloading the Parliamentary Flesh out the timetable Quick to bring in detailTechnical detail Flexibility Why do we need DL? Allows for further Expertise consultation Updates the law
  19. 19. Controls on DL 1. GeneralConsultation Publication
  20. 20. Recap:What controls are there in this section of the Dangerous Dogs Act 1991?
  21. 21. Parliamentary Controls Revocation or further legislation Negative Resolution Affirmative Resolution Scrutiny Committees in HLAsk a Question! Approval for By laws The Parent Act itself
  22. 22. So, do these Parliamentary controls work?Remember: as well as being able to describe what the law is, you should also be able to evaluate whether the current law actually does what it is supposed to! Student Task: pick three of the parliamentary controls and evaluate their effectiveness* Control Effective because… However… *perfect prep for a cii!
  23. 23. Judicial Controls: Judicial Review What is it?This 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. Who can bring 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 only sons?
  24. 24. There are two(ish) types of Judicial Review Procedural Substantive Don’t follow the rules Try to do something you don’t have the power to do!Aylesbury Mushrooms Secretary of State for Education (ex parte NUT) R v Jobcentre Plus (ex parte Ann Summers) 2003* *IS task for this week
  25. 25. ... and Wedensbury unreasonablenessAssociated Picture House v Wednesbury Corporation 1948 The local council banned all children under fourteen from going to the cinema on Sundays. The Sunday Entertainment Act 1932, allowed local councils to pass by-laws controlling public entertainment venues. The cinema sought judicial review saying that the council had gone beyond it‟s powers in passing the by-law. Student task: Read the summary of the case and complete the task below 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?
  26. 26. What problemsare there so far?
  27. 27. 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 months and limit the manufacture and selling of such products until the Spring. Applying your knowledge On your sheet you have a number of tasks based on this Act. All of them are intended to check your understanding of Delegated Legislation.
  28. 28. Recapping those Controls. On the cards, you have 12 controls . 1. Match them to their description 2. Sort them into the three types of control. Joint House of Lords Committee committee who look at delegated powers in a proposed bill Hint: these are not right!
  29. 29. What are the words?Locus standii Parent Act By-Law Judicial Review1 unreasonableness
  30. 30. Developing your AO2Disadvantages of DL You will need to be able to explain why and illustrate each of them Finally... If you are going for TOP marks Why might they not be as big an disadvantage as they appear? Volume Scrutiny Difficult to Understand Democratic Accountability Sub-delegation
  31. 31. But did youreally get it?! You all seem a little unclear onone of the areas, so let‟s look at all of them! Using your notes and understanding, complete the revision sheet to give you an overview of the topic!
  32. 32. A final type of delegated legislation: Legislative and Regulatory Reform Act 2006 Student So what does the Act do? questioning: What things would youThis allows a minister to ‘read in’ delegated to need to know to be ablepowers into any act of Parliament even if they to properly evaluate were not there to start with. these new power? These are known as legislative regulatory orders. Limitations: They can only be ‘read in’ if they would reduce a burden They must be passed using the super- affirmative resolution The minister must consult affected parties
  33. 33. Finish the final section on your revision sheet!
  34. 34. Plenary:How well have you understood? A Discuss one problem with delegated legislation B Explain one reason we might need delegated legislation C What is delegated legislation? D Explain what is meant by a parent act E Name three types of delegated legislation ...On the back, put your name and one thing you are unsure of...
  35. 35. Whilst you are waiting... Each of the following illustrates a case or phrase associated with DL... What are they? 1 2 34 6 7 5 9 10 8
  36. 36. Dominoes: The Next DimensionCreate this big triangle by matching the questions and answers on the little triangles in front of you!
  37. 37. End of unit assessment: June 2011 This is the paper you will sit as your mock exam in March It lasts one hour, and you must choose one of two questions on the paper to answer. You will have the source, and you must use the source in answering. We will plan this now, and you will complete it in timed circumstances in your next sources lesson.
  38. 38. Describe how an Act of Parliament is made with reference to source A and your own knowledgeIntro:Main Area/ Point/ Means Example or origin Explanation Subheading Pre-Parliamentary Stages First House Other Place Royal Assent (Parliament Act 1949 restrictions)Conclusion
  39. 39. Good Things in Failures in the Other things So, what makes a the Answer Answer that should have been mentioned good 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 a whitepaper. When the bill goes to Parliament, it gets it’s firstreading where the minister stands up and reads out the bill. If it is successful, then it moves on to the Which of the following descriptions do yousecond reading where there’s a debate. At this point think fits the answer? it then goes to the committee who look at the billand report back and there is one final debate in the “linking to the source, accurate reference to third reading before it goes to the House of Lords each stage with good supporting detail and mention the pre-legislative stages” In the House of Lords, it goes through all the samestages. Only budgets can’t start here. It then goes to “most or all the stages are present with some the Queen to sign, or as the source calls it, royal explanation” assent, before it becomes law on the date of commencement. “some stages and some explanation”The process is a long one and can involve lots of ping “a bare list, with no more that a couple of ponging between the two houses. points explained”
  40. 40. On the 1st November 1991 Gemma was arrested for a summary offence and interviewed. Decision Why/because And… AORPCarl was suspected of an indictable offence and was interviewed on the 1st November2000 Decision Why/because And… AORP Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions) Act 1989 and was interviewed in March 2000 Decision Why/because And… AORP
  41. 41. Describe the three different types of delegated legislation [15]Intro:Main Area/ Point/ Means Example or origin Explanation Subheading Use your revision sheets to help you complete this section... Remember your detail! And the link to the source! Now... Swap your plan with another person. Rate their plan from 1-4Conclusion
  42. 42. Developing a discussion This is a critical skill to develop: “A detailed, well developed point which links to the source.” Student Consequence Planning1. On the paper you now have, you must explain why that point is a disadvantage/ advantage... Then throw!2. Now, expand on the point that you have in front of you, e.g. An example or further information (“and…” “also…”) and throw3. Now, consider the „however‟ or „although‟ of that statement (and remember to say why!) and throw4. Lastly... Find a link to the source, highlight the section of the answer you would link and say why!5. Throw to the original writer... You should now have a „model‟ of how to produce a WDP. Now complete the plan for three more points (you can use your revision sheets or booklets to help)
  43. 43. Discuss the advantages and disadvantages of delegated legislationIntroduction Main Point Because Illustration/ And However Conclusion
  44. 44. Finally:How ‘rich’ is your knowledge of the last two units?
  45. 45. Time to write! The time for planning is over. The time to write has arrived. You will have one hour to write your response to the questions. (Miss Hart suggests that you should start with C) The time should be roughly 15 minutes per question.
  46. 46. Quick Self-Evaluation Complete 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 achieved Qu. A Qu.B Qu.Ci Qu.CiiLevel 4 linking to the source, Identifies the critical Covers all three types Four well developed accurate reference to point (whether lawful), and links to the source. points, covering both each stage with good two other relevant Good level of sides and linking to the supporting detail and factors and explanation description source mention the pre- & LTS legislative stagesLevel 3 most or all the stages Identifies the critical Covers all three types, Three well developed are present with some point, one other relevant with an adequate level points and some kind of explanation factor, explanation & of description. two sided discussion – LTS at least one mention of each.Level 2 some stages and some Identifies the critical Either covers all three, Either two well explanation point and explains why but with limited developed points, or a description or covers range of limited points. one or two with May be only focused on adequate description one sideLevel 1 a bare list, with no Tries to identify the Either very limited A list, which may have more than a couple of critical point. description of all three, some development in points explained” or only describes one. places.
  47. 47. Plenary How confident are you? I know I can I can what this describe evaluate or is. this discuss thisThe 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 2006 Any areas you have put nothing for... Were you missing? Did you ask? Have you researched?