4.10 Parliamentary control Initially, Parliament has control in that the enabling or parent Act passed by Parliament sets out the framework or parameters within which delegated legislation is made. In addition, there are scrutiny committees in both Houses of Parliament whose role is to consider the delegated powers proposed by a Bill. However, these committees have limited power. European legislation is considered by a specific committee and local authority byelaws are usually subject to the approval of the Department
4.8 Professional regulations Certain professional bodies, such as The Solicitors Regulation Authority, have delegated authority under enabling legislation to regulate the conduct of their members. The Solicitors Regulation Authority has power to control the conduct of practising solicitors under the Solicitors Act 1974. The General Medical Council regulates the conduct of its members under the Medical Act of 1858. It has four main functions: to keep up-to-date registers of qualif
4.6 Orders in Council These are more correctly called Orders of the Legislative Committee of the Privy Council. The Government can make law through the Privy Council without going through the full parliamentary process. Orders in Council can be used by the Government in times of state emergency under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004. However, they are also used to give legal effect to European law under the European Communities Act 1972 and to amend other types of law. An e
4.3 Types of delegated legislation There are different types of delegated legislation: Statutory Instruments byelaws Orders in Council Court Rule committees professional regulations.
3,3,7 Royal Assent You have already seen references to Royal Assent in this unit. The monarch formally assents to a Bill in order for it to pass into law. Royal Assent has never been withheld in recent times. Queen Anne was the last monarch to withhold a Royal Assent, when she blocked a Scottish Militia Bill in 1707. The Queen feared a Scottish militia might be turned against the monarchy. Since the sixteenth century no monarch has actually signed a Bill themselves. Instead, the monarch signs what are kno
3.3.5 Third reading This is the final vote on the Bill. It is almost a formality since a Bill which has passed through all the stages above is unlikely to fail at this late stage. In fact, in the House of Commons there will only be a further debate on the Bill if at least six MPs request it. In the House of Lords amendments may sometimes be made at this stage.
3.3.4 Report stage A Bill that has been amended in committee stage is reviewed by the House in which it started. The amendments will be debated in the House and accepted or rejected. Further amendments may also be added.
3.3.2 Key characteristics of being a sole trader In general terms, some of the key characteristics of being a sole trader are that: you ‘own’ the business; strictly, you own the property of the business, and have a variety of other legal capacities. In a more general sense, we can say that the wealth represented by the business is yours; in other words, you are entitled to all the capital of the business. you make the decisions which affect the nature and running of the business.
6.3 Overview of the stages of a Bill Section 29 of the Scotland Act 1998 provides: ‘An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.’ This means that the Scottish Parliament does not have power to legislate for England, Wales or Northern Ireland on reserved matters, and cannot create legislation which is incompatible with EU law or the
Introduction This unit is designed as an introduction to the academic study of the concept of rules, but will also serve as an introduction to a variety of different writing styles that are used in the academic world. It will challenge you to think about why some statements are rules and some are not, and what it is that distinguishes rules from habits and customs. It also looks at more formal rules and how such rules are applied and enforced. Rules shape our lives because they set out what we may and may
3.2 The evolution of the EU The EU has grown out of a series of intergovernmental political initiatives which have been expressed in a number of treaties. These treaties form the building blocks that give authority and power to the institutions and law-making bodies of the EU. The process is evolutionary, as treaties are reviewed and amended to reflect both the changing membership and the vision of the EU. The EU is founded on several treaties: The treaty that established
2.4 The European Court of Human Rights Common law and the court hierarchy, statutory interpretation and judicial precedent are all peculiar to the domestic English law. The European Court of Human Rights operates in a different way. The rights in the European Convention on Human Rights are stated in general terms and are interpreted according to international legal principles. For example, Article 31(1) of the Vienna Convention on the Law of Treaties states: 2.3 Application of the ECHR The ECHR places an important emphasis on individual rights whilst trying to strike a balance between individual and collective rights. 6.5.1 Presumptions When determining the meaning of particular words the courts will make certain presumptions about the law. If the statute clearly states the opposite, then a presumption will not apply and it is said that the presumption is rebutted. The main presumptions are: A presumption against change in the common law. It is assumed that the common law will apply unless Parliament has made it plain in the Act that the common law has been altered. 3.3 Have I given due consideration to units of measurement? Many mathematical problems include units of measurement. The measurement may be of length, weight, time, temperature or currency. The UK uses both metric and imperial units. The table below gives the units of length that are in everyday use in the UK, but you may know some others. Try some yourself 1 Without using your calculator solve the following calculations. (a) 3 + 5 × 2 = ? (b) 12 − 6 + 6 = ? (c) 6 + (5 + 4) × 3 = ? ( 3.2 Have I used the correct order for my calculation? When calculating an answer it is important that you give careful consideration to the order of operations used in the calculation. If you are using a mixture of operations remember that certain operations take priority in a calculation. Consider the following, apparently, simple sum.    1 + 2 × 3 = ? What answer would you give? Did you give 7 as your response, or 9? The correct answer is 7 but can you explain why? If you have a calculator handy, check that it 1.3.4: Calculating means using frequencies and calculating weighted means In some situations, various values in the batch get repeated (there may be a limited number of different values that can occur, for example). It can be simpler to group the data and record the number of times with which each different value occurs. The number is called the frequency. The following example explores this possibility and comes up with an equivalent formula for calculating the mean of the batch. 1.3.1: The mean and the median This subsection looks at two ways of finding an ‘average’. The first produces the mean, which is what was originally meant by ‘average’, and what most people think of when they talk about an average. The second gives the median, which might more accurately be described as a ‘typical’ or middle value. They will be illustrated using the following batch of heights. The heights in metres (measured to the nearest centimetre) of a group of seven people are as follows 1.3: A statistical interlude—averages
Aims
The main aim of this section is to discuss several ways of finding averages and to introduce you to the statistical facilities of your calculator. A single number which is typical or representative of a collection (or batch - statistical term for a set of collected data.) of numbers is commonly referred to as an average. There are several different ways of defining such a number. Two are discussed briefly in Author(s):
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Activity 1 Drafting a charter of rights
Metric Author(s):
