Tuesday, March 5, 2013

Exercise On Legislation And Delegated Legislation

(B)
(i)A national emergency such as an outbreak of war involving the U.K
One of the tercet types of delegated legislations, invest of council is suitable for the above case. Order of Council can be produced by the Queen and the Privy Council which is annoy up the Prime Minister of the country and also separate leading Ministers of the government. Under the Emergency Powers spiel 1920 and Civil Contingencies Act 2004, the Queen and the Privy Council are given authority to make an Order of Council. The bill will be drafted by the government Department, approved by the Prime Minister and assented by the Queen.

(ii)When enabling Act authorizes the issuing of regulations concerning police powers
One of the three types of delegated legislations, statutory Instruments is suitable for the above case. Statutory Instruments refers to regulations made by the Ministers and judicature Department. For example: Lord Chancellor the control the power of reservation regulations regard to the legal aids and issue guidance on the procedures for the Judicial Appointments Commission where the Ministers of Education will have the powers to fill out with necessary regulations that have to do with students and teachers. There are close 3000 Statutory Instruments passed each year.

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(iii) The local imposition of penalties for dogs fouling footpath
One of the three types of delegated legislations, Bylaws is suitable for the above case. Bylaws are distributed by the local authorities and they will only have the legal effect on the specific stated areas of the country. They can only be use within the control of the council that issued them. So, therefore if Slough Borough Council issues a bylaw stating most parking restrictions within the county, the bylaw will not have legal effects on other towns.If there is a penalty charge required when dog fouling around the footpath, this means that a bylaw is the most suitable delegated legislation of this case, and it will only actuate the whole county.

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