delegated legislation

Question 1

what are the 3 types of delegated legeslation

Answer 1

BYLAWS
STATUTORY INSTRUMENTS
ORDERS IN COUNCIL

Question 2

what are bylaws + e.g

Answer 2

Laws made by local councils, such as parking restriction. Also includes laws made by public corporations such as National Rail

Question 3

what are statutory instruments non specific e.g

Answer 3

Laws made by government ministers who are the heads of government departments, such as the Minister of Education who made decisions about A Level exams during coronavirus

Question 4

what are orders in council + e.g

Answer 4

Laws made by the King and Privy Council, which can be passed in emergency situations such as following 9/11. They were also used to pass EU Directives into UK law

Question 5

name 2 examples of statutory instruments

Answer 5

Dangerous Dogs Act 1991 was passed by Parliament to ban certain breeds of dog, however they allowed the Home Department to add further breeds of dog in the future through a Statutory Instrument.
Police and Criminal Evidence Act 1984 which governs police procedures, and allowed the Home Secretary to add in details on stop and search procedures

Question 6

what is the process of Statutory Instruments

Answer 6

A Parent/Enabling Act will be passed by Parliament using the usual law making process.
This Parent Act will set out the powers that the government department have.
Government departments will then be able to make changes to the law as long as they follow the rules set out in the Parent Act.
Sometimes these rules will require specific processes to be followed before the law will be passed, such as consultation with certain groups

Question 7

Who are the Privy Council members?

Answer 7

Prime Minister, other leading members of the Government
members of the Royal Family
senior judges
members of the clergy

Question 8

When can the Privy Council make laws? (4)

Answer 8

1)Emergency Situations (under Civil Contingencies Act 2004)
2)To give effect to EU Directives
3)To transfer responsibility between government departments
4)To bring Acts or parts of Acts into force

Question 9

what is the privy council involvement laws?

Answer 9

The law will be drafted by Government and then passed to the Privy Council to be read and approved

Question 10

example of the pricy council making laws

Answer 10

Following the 9/11 terror attacks, the Privy Council passed an Order in Council to freeze the bank accounts of suspected terrorists. They were able to do this within 48 hours of the attacks taking place. This was later enforced by Parliament under the Anti-Terrorism, Crime and Securities Act 2001

Question 11

reasons for delegated legislation (5)

Answer 11

1)time
2)local knowledge
3)expert knowledge
4)future needs
5)flexibility

Question 12

time dev w/ e.g

Answer 12

Parliament has more time for tasks which may be more urgent. Would not have time for 3,000 statutory instruments. e.g. dealing with Coronavirus nationally whilst local governments look at local lockdowns (Coronavirus Act 2020)

Question 13

time extra

Answer 13

However some issues are too important to be delegated even if it does save time

Question 14

local knowledge dev w/ e.g THINK LOCAL FOR E.G

Answer 14

Local governments have a clearer idea on what is needed in their local area. e.g. Parking restrictions in Wolverhampton on matchday (Local Government Act 1972)

Question 15

local knowledge extra

Answer 15

However Parliament needs to retain some control so local groups don’t exceed powers

Question 16

expert knowledge dev w/ e.g- popo

Answer 16

Those working in government depts have more expertise on complicated topics such as tax law. Home Department has better idea on police practices (PACE 1984)

Question 17

Emergency / Speed
dev w/ e.g - 2001

Answer 17

Parliament takes months to introduce a new law through the legislative process – whereas SI’s and OIC’s can take only hours. Such as law freezing bank accounts of suspected terrorists following 9/11 (Civil Contingencies Act)

Question 18

emergency/ speed extra

Answer 18

However rushed laws can lead to errors and this can have a negative impact on the quality of the laws being passed

Question 19

future needs dev w/ e.g - dogs

Answer 19

Parliament can allow any future amendments for a law to be addressed quickly through SI’s. Dangerous Dogs Act 1991 – Home Office could add more breeds of dog if needed

Question 20

expert knowledge extra

Answer 20

However the work of these departments should still be checked by Parliament

Question 21

flexibility dev + name the act that allows the flexibility

Answer 21

When Parliament makes laws they have to go through a set process and stick to a strict timetable, but delegated bodies have flexibility and do not need to do this. Under Local Government Act 1972, local councils have the flexibility to make local laws whenever they need to

Question 22

flexibility extra

Answer 22

However too much flexibility given to these bodies can lead to an abuse of these powers so checks need to remain in place