Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

It is a law made by a body other than parliament but with the authority given to it by parliament.

Question 2

Why is delegated legislation needed?

Answer 2

• saves parliamentary time
• allows rapid change
• experts with appropriate technical knowledge can be used
• emergency legislation can be passed quickly
• withdrawal or amendment easy
• enables minor changes to statutes

Question 3

Types of delegated legislation?

Answer 3

• Orders in council
• Statutory instruments
• Bylaws

Question 4

What are orders in council

Answer 4

These are generally made in times of emergency under the following enabling acts:
- the Emergency Powers Act 1920
- the Civil Contingencies Act 2004

Approved by the Privy council and signed by the king.

Question 5

Examples of orders in council

Answer 5

• the misuse of drugs act 1971 (modification) (No2) order 2003- downgraded cannabis from a class B to as class C drug

Question 6

What are statutory instruments

Answer 6

Made by government ministers

Statutory instruments,ents are usually published in the form of regulations.

They are governed by Statutory Instruments Act by 1946

More than 3000 produced a year

Question 7

Examples of statutory instruments

Answer 7

• the motor vehicles (wearing off a seat belts)(amendment) regulations 2006
• the fixed penalty offences order 2013- states that the use of a mobile phone whilst driving attracts a fixed penalty

Question 8

What are bylaws?

Answer 8

Made by local authorities, public corporations and companies

E.g. county councils, town councils