delegated legislation Flashcards
what is delegated legislation?
delegated legislation is law created by ministers under powers given to them by an Act of Parliament to allow others e.g. local councils to make law for their area.
types of delegated legislation: Orders in Council
the queen and the Privy council have the authority to make Orders in Council; the type of delegated legislation without it having been debated or voted on in Parliament. they can be made for transferring responsibility between government departments, bringing acts of parliament into force and making law in emergencies under the Civil Contingencies Act 2004.
types of delegated legislation: by-laws
made by local authorities to cover matters within their own area, usually these are made under the Local Government Act 1982. many local by-laws involve traffic control e.g. parking restrictions, others are made for controlling bad behaviour e.g. banning people from drinking in public. bylaws can also be made by companies for matters within their jurisdiction that involve the public e.g. railway companies can enforce rules about behaviour on their premises.
types of delegated legislation: statutory instruments
these are rules and regulations made by government ministers who are given authority to make rules in their departments. e.g. Chemicals Regulations 2009 - this was made by the Minister for Work and Pensions under the powers of the European Communities Act 1972 and the Health and Safety at Work etc Act 1974. Police practises [stop, search, arrest and detention] where given under the Police and Criminal Evidence Act 1984.
reasons for the use of delegated legislation
- saves time
- allows more detailed and technical regulations
- flexibility and allows room for adapting laws to changing circumstances
advantages of delegated legislation
- allows Parliament to concentrate on broader issues [saves time]
- local people understand local needs
- quick and can be easily removed if necessary
disadvantages of delegated legislation
- lack of scrutiny - could leave room for mistakes and gaps in the law [loopholes]
- undemocratic as it is made by unelected people rather than MP’s
- little publicity compared to acts of Parliament [people don’t know about it, won’t stop crime as people are unaware and will be punished for not knowing they can’t do it]
