21 - Delegated Legislation Flashcards
What is Delegated Legislation?
Law made by some person or body other than Parliament, but with the authority of Parliament.
This authority is laid down in a ‘parent’ Act of Parliament known as an enabling Act which creates the framework of the law and then delegates’ power to others to make more detailed law in the area
What are the types of Delegated Legislation?
Orders in Council
Statutory Instruments
Bylaw
Orders in Council…
The Queen and the Privy Council have the authority to make Orders in Council.
The Privy Council is made up of the Prime Minister and other leading members of the Government.
So this type of Delegated Legislation effectively allows the Government to make legislation without going through Parliament.
Its main use today is to give legal effect to European Directives.
However, the Privy Council has power to make law in emergency situations under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004.
Occasionally Orders in Council will be used to make other types of law.
For example, in 2004, an Order in Council was used to alter the Misuse of Drugs Act 1971 so as to make cannabis a Class C drug.
Statutory Instruments…
The term ‘statutory instruments’ refers to rules and regulations made by Government ministers.
Ministers and Government departments are given authority to make regulations for areas under their particular responsibility.
This means that, for example, the Lord Chancellor has power regarding the legal aid schemes, while the Minister for Transport is able to deal with necessary road traffic regulations.
The use of SI’s is a major method of law making as there are about 3,000 SI’s brought into force each year.
Bylaw…
These can be made by local authorities to cover matters within their own area. Many local bylaws will involve traffic control, such as parking restrictions.
