Delegated Legislation Flashcards
What are the 3 types of delegated legislation
Orders in council
By-laws
Statutory instruments
what does delegated legislation mean
parliament giving their powers to others to make law
what are orders in council
- drafted by the king and privy council (the PM and other leading members of govt)
- authority is granted under the emergency powers act 1920
- rare and only used in emergencies or when parliament aren’t sitting e.g 9/11, covid, war
- allows the government to make legislation in days without going through parliament
- also used to implement European directives
examples of order in councils
- constitutional reform act 2005 = allowed privy council to alter the number of judges in the UKSC
- fuel crisis in 2000 = saved the fuel for emergency vehicles
- drugs 2004 = alter the misuse of drugs act 1971 to make cannabis a class C drug
what are by-laws
- made by local authorities, public corporations and certain companies
- created under the local government miscellaneous provisions act 1982
- allow LAs to regulate behaviour and carry out responsibilities within their area of jurisdiction
examples of by-laws
public corporations:
- behaviour on buses
- smoking on trains
local authorities:
- dog fouling
- hose pipe bans
what are statutory instruments
- made by government departments and ministers
- also known as regulations
- power is granted under the enabling act and may say that experts must be consulted before passing
- introduced by affirmative, super affirmative or negative resolution
- approx 3000 passed each year
examples of statutory instruments
minister for transport:
seatbelt regulations 2006
minister for work and pensions:
employment rights e.g health and safety
minister for justice:
alter police codes
why is delegated legislation needed
lack of parliamentary time
- parliament are busy, don’t have time to control behaviour in towns
- parliament remains in control through the enabling act but its faster
why is delegated legislation needed
local knowledge - bylaws
- knowledge of the local area is required
- local councils know what’s required in their area
- e.g parking restrictions in leeds city, parliament wouldn’t know what to do
why is delegated legislation needed
technical expertise - SIs
- not possible for parliament to have detailed knowledge on matters such as technology, finance, environment
- parliament lay down main principles and leave it with experts
why is delegated legislation needed
emergency situations - order in council
- ensure law is still passed when parliament aren’t sitting but during emergency situations
- e.g covid, 9/11
why is delegated legislation needed
consultation - SI + by laws
- enabling act ensure ministers consult before a law is passed
- rules on technical matters need to be accurate and workable
- e.g local authority consult public about parking
