Delegated legislation

Question 1

What is meant by delegated legislation?

Answer 1

-when parliament gives its law making powers to others to make laws

Question 2

What are the reasons for the use of delegated legislation?

Answer 2

-lack of time/ expertise so…
-enabling act- other organisations can make these decisions.

Question 3

What is an example for lack of expertise being the reason for the use of delegated legislation?

Answer 3

-mps not knowing about a local area

Question 4

What is an example for lack of time being the reason for the use of delegated legislation?

Answer 4

-very small changes best made by an expert.

Question 5

What is an example for crisis being the reason for use of delegated legislation?

Answer 5

-impractical to have the whole of parliament sitting during a war.

Question 6

What are the 3 types of delegated legislation?

Answer 6

1. Bylaws
2. Statutory instruments
3. Orders in council

Question 7

Which two people can make bylaws?

Answer 7

1. Local authorities- relation to county council matters
2. Can be made by public corporations- in relation to activities.

Question 8

Example of a bylaw made by a local authority?

Answer 8

-ban drinking in manchester during the commonwealth games
-fines for dogs pooping in parks.

Question 9

Example of a bylaw made by a public corporation?

Answer 9

The transport act- delegates power to the strategic railway authority to make by-laws.

Question 10

What is meant by a statutory instrument?

Answer 10

-regulations made by government departments to impliment the provisions made in acts of parliament.

Question 11

What is an example of statutory instruments giving power to government ministers?

Answer 11

1. Dangerous dogs act 1991- allows home sec to add breeds if necessary.

Question 12

What did the legislative and regulatory reform act 2006 do in terms of delegated legislation?

Answer 12

-ministers can make changes even when not mentioned in act.
-if it removes a burden from legislation (financial, administrative ect)>

Question 13

What is made by an order in council?

Answer 13

-made by privy council (senior politicans)
-authority to make laws w/o parliament

Question 14

When can orders in council be made?

Answer 14

-in times of emergency under the emergency powers act 1920.

Question 15

Example of an order in council?

Answer 15

-During outbreak of foot and mouth disease in 2001- laws to prevent spread.