delegated legislation

Question 1

delegated legislation

Answer 1

. law made by person or body other than parliament, but with the authority of parliament

Question 2

authority comes from

Answer 2

. Parent/ Enabling Act
- act passed by government
- clause that gives permission to other authorities

Question 3

enabling act creates

Answer 3

. the framework of the law, then delegates power to others make more detailed law in the area

Question 4

types of delegated legislation

Answer 4

. bylaws
. orders in council
. statutory instruments

Question 5

orders in council

Answer 5

. made by King+ privy council
. privy council- comprised of senior politicians, currently or formally members of HoC or HoL
. government make legislation without going through parliament- not debated or voted upon (would be 9 month process)

Question 6

orders in council disadvantages

Answer 6

. not democratic
. biased
. abuse of power

Question 7

orders in council- matters

Answer 7

. transfer responsibility between gov departments
. make law in emergency situations, under the Civil Contingencies Act 2004
. make other types of law or change existing laws
.bring acts or parts of acts into force

Question 8

Misuse of Drugs Act 1971 (Amendment) Order 2019

Answer 8

. order in council- make amendments to laws and update laws
. ‘The Queen’s Most Excellent Majesty in Council”= order
. parent act= The Misuse of Drugs Act 1971
. order came into force 15th November 2019

Question 9

statutory instruments

Answer 9

. rules+ regulations made by government ministers- can make statutory instruments related to their department- eg. Minister for Work and Pensions make regulations on work matters, like health+ safety at work

Question 10

Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

Answer 10

. statutory instrument made by Minister for Work and Pensions, under powers given by the European Communities Act and the Health and Safety at Work Act 1974

Question 11

by-laws

Answer 11

. made by public bodies in charge of certain area or local authorities with local knowledge (eg. councils)
- usually under the Local Government (Miscellaneous Provisions)

Question 12

R v Fadol

Answer 12

. by-law made by Merseyrail
. Enabling Act= Regulation of Railways Act 1889
. man put feet up on seat during train journey+ fell asleep> fined
. created by-law= ‘interfering with the comfort or convenience’ of fellow passengers
- passed as people would have to sit on dirty seats

Question 13

Boddingtons v BRB 1998

Answer 13

. by-law made by British Railways Board
. Enabling Act= Transport Act 1926
. Mr Boddinton convicted of smoking a cigarette in a railway carriage
. created by-law= smoking cigarettes in a railway carriage
- passed as it is anti-social+ could cause fires

Question 14

Enabling Act- Parliamentary controls

Answer 14

. initial control- sets out limits
. Act states: which gov minister can make regulations, the type of laws, whether they can be made for whole country or certain places, whether gov department must consult other people before making regulations
. can repeal powers of Enabling Act at any time

Question 15

negative resolution

Answer 15

. most SI are subject to negative resolution- SI will become law unless rejected by Parliament within 40 days of publication
. eg- 22nd February 2000- HoL rejected Greater London Authority Election Rules
. very few instruments looked at> limited effectiveness of control

Question 16

affirmative resolution

Answer 16

. small number of SI are subject to affirmative resolution- SI not become law unless specifically approved by Parliament
- need for affirmative resolution will be included in enabling act
. eg- Codes of Practice under Police and Criminal Act (PACE) 1984
. effective- looked at by Parliament
: Parliament cannot amend it- only approve, annul or withdraw

Question 17

scrutiny by committees

Answer 17

. check legislation
. if it imposes a tax- only parliament can do this
. if it has retrospective effect
. if it goes beyond powers given by enabling act
. if it makes unusual/ unexpected use of those powers
. if it is unclear

Question 18

regulatory reform committee

Answer 18

. committee report whether