delegated legislation

Question 1

what is delegated legislation

Answer 1

-laws made by bodies other than parliament but with the authority of parliament. Parliament grants their authority for these bodies to make laws in an enabling act (any act of parliament which allows for delegated legislation to be made).

Question 2

who makes up the privy council

Answer 2

the prime minister and leading government ministers

Question 3

who must approve orders by the privy council

Answer 3

the queen

Question 4

why are orders in council beneficial

Answer 4

the government is able to introduce new laws without going through the parliamentary law making stages, this is quicker and more cost effective

Question 5

give four main uses of orders in council

Answer 5

to give effect to eu directives
transferring power between government departments
to make reactionary laws in times of emergency
to amend/ update existing laws

Question 6

what is an example of orders in council being used to amend existing laws

Answer 6

the classification of dangerous drugs

Question 7

what is an eu directive

Answer 7

when an eu directive is made the uk is under obligation to implement this into our own legal system

Question 8

what is an example of an ac that was brought by an eu directive order in council

Answer 8

the data protection act 1998

Question 9

what act says that the privy council can make laws in emergency situations

Answer 9

Civil Contingencies Act 2004

Question 10

what is an example of when the government have made an emergency law by order in council

Answer 10

during the 2000 national fuel shortage when the government took control over remaining supplies of fuel

Question 11

what are statutory intruments

Answer 11

a way in which government ministers and civil servants can adjust existing acts of parliament

Question 12

what four ways may statutory instruments be used to adjust acts of parliament

Answer 12

• update, change, modernise existing acts of parliament
• used to repeal existing acts of parliament
• allow technical and expert detail to be added to an act
• allow mps and peers to set out the framework of an act of parliament, with he technical detail being added later

Question 13

what is an example act that has been changed by statutory instruments

Answer 13

abortion act 1967, an act that legalised abortion up to 28 weeks, this time limit was shortened to 24 weeks later by statutory instrument

Question 14

what are the three types of DL

Answer 14

orders in council, statutory instruments, bylaws

Question 15

who makes bylaws

Answer 15

local authorities and public corporations, most commonly councils and other companies, such as virgin trains

Question 16

what are bylaws

Answer 16

laws that only effect a certain jurisdiction (geographical area)

Question 17

why are bylaws advantageous

Answer 17

because local councils understand what is needed in their specific area far better than parliament

Question 18

what types of laws do bylaws usually relate to

Answer 18

regulatory types of offences such as parking restrictions or alcahol exclusion zones

Question 19

what is a key example case for bylaws

Answer 19

boddington, d was found smoking ina non smoking area and was fined £10, d challenged this and said that it was not made by parliament. the case went to HOL and they said that bylaws must be followed and the fine is payable

Question 20

what three things does an enabling act do

Answer 20

controls when the dl can be made, who can make it, and the process they must follow. parliament can repeal this power at any time.

Question 21

what type of delegated legislation do affirmative/ negative resolutions apply to.

Answer 21

statutory instruments

Question 22

what are affirmative or negative resolutions

Answer 22

affirmative- it will not become a law until it is approved by parliament
negative- parliament has 40 days to reject or it will become a law.

Question 23

where is it stated whether a statutory instrument is subject to positive or negative resolutions

Answer 23

in the enabling act

Question 24

what are scrutiny committees

Answer 24

committees set up within parliament to review DL

Question 25

what are two scrutiny committees and what are they each responsible for

Answer 25

The joint select scrutiny committee on Statutory Instruments reviews every single statutory instrument
the Delegated powers scrutiny committee are responsible for checking other forms of DL, reporting back to parliament if an SI is going beyond its power in any way.

Question 26

how may an SI go beyond its power. (5 ways)

Answer 26

Imposing a tax or charge, retrospective effect, going beyond the power given by the enabling act, defective, unexpected use of power