1.A.2 - Delegated legislation Flashcards
Define delegated legislation.
Law made by a person or body other than Parliament, but with Parliament’s permission.
What is delegated legislation sometimes called? There are 2 names.
- Secondary legislation
2. Subordinate legislation
How many pieces of delegated legislation are created each year?
Several thousand.
True or False? : Secondary legislation is more common than primary legislation.
True - Several thousand pieces of delegated legislation are passed each year, making them far more common than statutes.
What are the 2 reasons for Parliament granting power to create delegated legislation?
- Saves parliamentary time.
2. Parliament lacks the expertise.
What is an enabling Act?
A statute which grants a person or body the power to create delegated legislation.
What is the other name for an enabling Act?
A parent Act.
An example of an enabling Act is the ________________________. This Act allows local authorities to create by-laws.
Local Government Act 1972
What are the 3 types of delegated legislation?
- Orders in Council
- Statutory Instruments
- By-laws
What are Orders in Council?
Delegated legislation made formally in the name of the Monarch, by the Monarch, upon the advice of the Privy Council.
What is the Privy Council?
The formal body of advisors to the Monarch, composed of senior politicians from across the Commonwealth.
What are the 2 types of Order in Council?
- Statutory Orders
2. Prerogative Orders
What is a Statutory Order?
An Order in Council made using powers vested in the Privy Council by an enabling Act. They are merely a Statutory Instrument subject to greater formalities.
True or False? : Prerogative Orders are the most common type of Order in Council?
False - Statutory Orders are the most common type of Order in Council.
What is a Prerogative Order?
An Order in Council made using the formal, historic prerogative powers vested into the Crown. There is no enabling Act for them.
True or False? : Th whole Privy Council must be present in order for Orders in Council to be made?
False - The Privy Council has hundreds of members, so only a few members sit when Orders in Council are being made?
When does the Privy Council sit in full sitting?
Following the death of the Monarch in order to proclaim the ascension of a new one.
Who presides over meetings of the Privy Council?
The Lord President of the Council.
Who is the current Lord President of the Council?
Andrea Leadsom MP - Leader of the House of Commons and Conservative MP for South Northamptonshire
What happens at a meeting of the Privy Council to make Orders in Council?
The Lord President reads out a list, and after each one the Monarch states the word “agreed”, which brings the Order into effect.
How many uses of Orders in Council are there?
14
What is the 1st use of Orders in Council?
Bringing Acts of Parliament into force.
What is the 2nd use of Orders in Council?
To make specific changes to a part of a statute.
Name an Order in Council which made specific changes to a part of a statute, and explain what it changed.
The Misuse of Drugs Act 1971 (Modification) (No.2) Order 2003, which reclassified cannabis as a Class C drug.