-SQA- SCOTTISH QUALIFICATIONS AUTHORITY
HIGHER NATIONAL UNIT SPECIFICATION
GENERAL INFORMATION
-Unit Number-
6451376
-Superclass-
EC
-Title-
ADMINISTRATIVE LAW
-----------------------------------------DESCRIPTIONGENERAL COMPETENCE FOR UNIT:
Understanding the relevance of
administrative law to the functioning of British public administration.
OUTCOMES
1.
explain the Nature of the British Constitution;
2.
explain the role of delegated legislation in the British Constitution;
3.
explain the process of judicial control of administrative action;
4.
explain the functions of tribunals and inquiries and the Council on
Tribunals;
5.
analyse the role of the Offices of Ombudsman in relation to
maladministration in the fields of central and local government.
CREDIT VALUE:
2 HN Credits
ACCESS STATEMENT: Access to this unit is at the discretion of the centre. It
would be helpful if candidates had some understanding of the constitutional
framework of the UK, for example, achievement of National Certificate module
92502 Central Government or 92356 Introduction to Administrative Law.
----------------------------------------For further information contact: Committee and Administration Unit, SQA,
Hanover House, 24 Douglas Street, Glasgow G2 7NQ.
Additional copies of this unit may be purchased from SQA (Sales and Despatch
section). At the time of publication, the cost is £1.50 (minimum order (£5.00).
Unit No. 6451376
Continuation
HIGHER NATIONAL UNIT SPECIFICATION
STATEMENT OF STANDARDS
UNIT NUMBER:
6451376
UNIT TITLE:
ADMINISTRATIVE LAW
Acceptable performance in this unit will be the satisfactory achievement of the
standards set out in this part of the specification. All sections of the statement of
standards are mandatory and cannot be altered without reference to SQA.
OUTCOME
1.
EXPLAIN THE NATURE OF THE BRITISH CONSTITUTION
PERFORMANCE CRITERIA
(a)
(b)
(c)
The characteristics of the British Constitution are explained clearly.
The legal and non legal sources of the British Constitution are
accurately described.
The impact of membership of the European Union on British
Government is assessed accurately.
RANGE STATEMENT
Characteristics of the British Constitution: legal competence of Parliament; Rule
of Law; principle of separation of powers.
Sources of constitution: statute law; common law;
Parliamentary privilege; authorative texts; conventions.
royal
prerogative;
UK and EU membership: EEC Act 1972; EEC (Amendment) Act 1986; European
Union Act 1993.
EVIDENCE REQUIREMENTS
Written and/or oral evidence of the candidate’s ability to explain the nature of the
British Constitution as specified in the performance criteria and range statements.
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Unit No. 6451376
Continuation
OUTCOME
2.
EXPLAIN THE ROLE OF DELEGATED LEGISLATION IN THE
BRITISH CONSTITUTION
PERFORMANCE CRITERIA
(a)
(b)
(c)
The importance of delegated legislation is clearly explained.
The types of delegated legislation are described accurately.
The methods of control over delegated legislation are clearly
explained.
RANGE STATEMENT
Types: statutory instruments; bye-laws; prerogative Order-in-Council.
Methods of control:
review.
external consultation; parliamentary procedures; judicial
EVIDENCE REQUIREMENTS
Written and/or oral evidence of the candidate’s ability to explain the role of
delegated legislation in the British Constitution as specified in the performance
criteria and range statements.
OUTCOME
3.
EXPLAIN THE PROCESS
ADMINISTRATIVE ACTION
OF
JUDICIAL
CONTROL
OF
PERFORMANCE CRITERIA
(a)
(b)
(c)
(d)
The Scottish Civil Courts system is described fully and correctly.
The rules of judicial precedent are clearly explained.
The court procedures relating to Rule 260B (Act of Sederunt 1986)
are described accurately.
The principles of procedural and substantive ultra vires are
explained clearly with reference to relevant case law.
RANGE STATEMENT
Scottish Civil Courts: Sheriff Court; Outer House of the Court of Session; Inner
House of the Court of Session; House of Lords in its judicial capacity.
EVIDENCE REQUIREMENTS
Written and/or oral evidence of the candidate’s ability to explain the process of
judicial control of administrative action as specified in the performance criteria
and range statements.
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Unit No. 6451376
OUTCOME
4.
Continuation
EXPLAIN THE FUNCTIONS OF TRIBUNALS AND INQUIRIES
AND THE COUNCIL ON TRIBUNALS
PERFORMANCE CRITERIA
(a)
(b)
(c)
The functions of tribunals are clearly explained.
The functions of inquiries are clearly explained.
The functions of the council on tribunals are clearly explained.
RANGE STATEMENT
The range for this outcome is fully expressed within the performance criteria.
EVIDENCE REQUIREMENTS
Written and/or oral evidence of the candidate’s ability to explain the function of
the bodies as specified in the performance criteria.
OUTCOME
5.
ANALYSE THE ROLE OF THE OFFICES OF OMBUDSMAN IN
RELATION TO MALADMINISTRATION IN CENTRAL AND
LOCAL GOVERNMENT
PERFORMANCE CRITERIA
(a)
(b)
The role of the Parliamentary Commissioner for Administration is
analysed effectively with reference to relevant legislation.
The role of the Scottish Local Government Commissioner is
analysed effectively with reference to relevant legislation.
RANGE STATEMENT
Parliamentary commissioner: PCA Act 1967; PCA Act 1994.
Local Government commissioner: Local Government (Scotland) Act 1975; Local
Government and Housing Act 1989.
EVIDENCE REQUIREMENTS
Written and/or oral evidence of the candidate’s ability to analyse the role of the
above officers as specified in the performance criteria and range statements.
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Unit No. 6451376
Continuation
MERIT A candidate who achieves all performance criteria for all outcomes will
be awarded a pass. A pass with merit may be awarded to a candidate who
consistently demonstrates some or all of the following as appropriate:
(a)
(b)
(c)
evidence of sustained use of relevant and topical examples;
superior analysis through the use of extrapolation or logical integration;
the ability to compile and produce original reasoned arguments supported
by factual evidence.
-----------------------------------------
ASSESSMENT
In order to achieve this unit, candidates are required to present sufficient
evidence that they have met all the performance criteria for each outcome within
the range specified. Details of these requirements are given for each outcome.
The assessment instruments used should follow the general guidance offered by
the SQA assessment model and an integrative approach to assessment is
encouraged. (See references at the end of support notes).
Accurate records should be made of the assessment instruments used showing
how evidence is generated for each outcome and giving marking schemes and/or
checklists, etc. Records of candidates’ achievements should be kept. These
records will be available for external verification.
SPECIAL NEEDS
Proposals to modify outcomes, range statements or agreed assessment
arrangements should be discussed in the first place with the external verifier.
 Copyright SQA 1996
Please note that this publication may be reproduced in whole or in part for
educational purposes provided that:
(i)
(ii)
no profit is derived from the reproduction;
if reproduced in part, the source is acknowledged.
5
Unit No. 6451376
Continuation
HIGHER NATIONAL UNIT SPECIFICATION
SUPPORT NOTES
UNIT NUMBER:
6451376
UNIT TITLE:
ADMINISTRATIVE LAW
SUPPORT NOTES: This part of the unit specification is offered as guidance.
None of the sections of the support notes is mandatory.
NOTIONAL DESIGN LENGTH: SQA allocates a notional design length to a unit
on the basis of time estimated for achievement of the stated standards by a
candidate whose starting point is as described in the access statement. The
notional design length for this unit is 80 hours. The use of notional design length
for programme design and timetabling is advisory only.
PURPOSE
This unit seeks to develop understanding in the field of
administrative law and in particular the judicial institutions and procedures which
have significance for the delivery of public services in the United Kingdom.
CONTENT/CONTEXT Corresponding to Outcomes 1-5:
1.
Characteristics of the British Constitution - legal competence of
Parliament; Rule of Law; Separation of Powers.
Sources of the
Constitution - Statute Law; Common Law; Royal Prerogative;
Parliamentary Privilege; Books of authority conventions, implication of EU
membership - relevant legislation and case law.
2.
Process of delegated legislation - statutory instruments; bye-laws; orders in Council. Methods of control - external consultation; parliamentary
procedure; judicial review.
3.
Scottish Courts System - Sheriff court, Court of Session (Outer and Inner
Houses); House of Lords. Rules of Judicial Precedent - Binding;
persuasive; Rule 260 B procedure - preliminary assessment; decision of
the rents of the application.
Principle of ultra vires - Procedural and Substantive.
4.
Functioning of Tribunal system in Scotland. Relevant Reports and
legislation. Franks report 1957; Tribunals and Inquiries Act 1992.
5.
Functions of offices of ombudsmen - strengths and weaknesses.
Relevant legislation. PCA Act 1967; PCA Act 1994; Local Government
(Scotland) Act 1973; Local Government Housing Act 1989. Relevant
reports and case law.
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Unit No. 6451376
Continuation
APPROACHES TO GENERATING EVIDENCE
Candidates should be
encouraged to adopt a logical and precise approach to this field of study. Where
possible use should be made of existing practice in the public sector. Desirable
approaches to encourage the above will include:
-
Case studies focusing on public sector organisations.
Project work requiring the use of original sources.
Visits and interviews with relevant practitioners.
Group discussion based on original documentation and reports.
REFERENCES
1.
2.
3.
4.
Guide to unit writing.
For a fuller discussion on assessment issues, please refer to SQA’s Guide
to Assessment.
Information for centres on SQA’s operating procedures is contained in
SQA’s Guide to Procedures.
For details of other SQA publications, please consult SQA’s publications
list.
 Copyright SQA 1996
Please note that this publication may be reproduced in whole or in part for
educational purposes provided that:
(i)
(ii)
no profit is derived from the reproduction;
if reproduced in part, the source is acknowledged.
7