2A.2.1 Delegated legislation Flashcards
Delegated legislation
Law made by a person or body other than Parliament, but with the authority of an Act of Parliament.
What is an enabling act (parent act)?
The “Parent Act” gives the right to create one of the three types of delegated legislation.
It creates the framework of the law and then delegates power to others to make more detailed law in the area.
Three types of delegated legislation
- By-law (Made by local authority)
- Statutory Instrument (Made by government ministers)
- Orders in Council (Made by the King and Privy Council)
Reasons for the use of delegated legislation
- Limited parliamentary time
- Expertise or knowledge
- Consultation
- Avoid long time lag
- Addresses local issues
- Easy to amend or revoke
By-laws
By-laws can be made by local authorities to cover matters within their own area: a county council can pass by-laws affecting a whole country, while a district or town council can only make by-laws for its district or town.
Give examples of by-laws
- Many local by-laws involve traffic control, such as parking restrictions.
- Other by-laws may be made for regulating behaviour such as banning drinking in public places or banning people from riding bicycles in a local park.
Other than councils, what other organisations can create by-laws?
By-laws can also be made by public corporations and certain companies for matters within their jurisdiction that involve the public. This means that bodies such as the British Airports Authority and railway companies can enforce rule about public behaviour on or about their premises.
Examples of Statutory Instruments
National Minimum Wage Act 1998
- Gives the Chancellor the power to update the amount of the minimum wage annually.
Road Traffic Act 1988
- Gives the transport minister the power to decide the type of helmets that would be worn.
- They could only do this after consulting with manufacturing experts and road safety specialists.
Education Reform Act 1988
- Gives the Secretary of State for Education was given powers to decide what should be taught in each subject at each key stage.
Statutory instruments
Pieces of delegated legislation created by a government minister under the authority of an enabling act. It will often be used to complete the detail of the enabling act.
Each department deals with a different area of policy and the minister in charge can make rules and regulations in respect of matters it deals with.
-They tend to have a national effect.
What is the major method of law making?
Statutory Instruments
Over 3000 statutory instrumentsa re made each year on average.
Length of statutory instrument
Statutory Instruments can be very short, covering one point, such as the annual change to the minimum wage.
However, other statutory instruments can be very long, with detailed regulations that were too complex to include in an Act of Parliament.
Who has the power to make orders in Council?
The King and the Privy Council
Who are the Privy Council?
Its membership comprises of senior politicians who are current/former members of the House of Commons and House of Lords.
Who has the power to make Statutory Instruments?
Government ministers
Orders in Council
This type of delegated legislation effectively allows the government to make legislation without having it be debated or voted on in Parliament.
