Delegated legislation

Question 1

What is delegated legislation?

Answer 1

laws or rules written outside parliament when a person or body has been given the authority, by parliament, to make those laws and rules

Question 2

What is an enabling act?

Answer 2

a law passed by parliament which gives a person or body the authority to make laws

Question 3

What is an example of an enabling act?

Answer 3

Police and Criminal Evidence Act 1984, which gives powers to make codes of practice for the use of police powers.

Question 4

What are 3 types of delegated legislation?

Answer 4

. Orders in council
.Statutory instruments
.By-laws

Question 5

What are orders in council?

Answer 5

allows the government to make legislation without it having to be debated or voted on in parliament.

Question 6

Who can make orders in council?

Answer 6

The King and the Privy Council have the authority to make them

Question 7

What matters can an order in council be made on?

Answer 7

-transferring responsibility between government departments
-bringing acts (or parts of acts) of parliament into force
-to make law in emergencies under the civil contingencies Act 2004

Question 8

What is a statutory instrument?

Answer 8

a piece of delegated legislation created by a government minister under the authority of an enabling act. it will often be used to complete the detail of an enabling act

Question 9

What can the ministers do ?

Answer 9

each department deals with a different area of policy and the minister in charge can make rules and regulations in respect of matters it deals with

Question 10

What are examples of ministers regulations?

Answer 10

-The minister for work and pensions can make regulations on work-related matters, such as health and safety at work
-The minister for transport can deal with road traffic regulations

Question 11

What are by-laws ?

Answer 11

These can be made by local authorities to cover matters within their own area

-a count council- pass by-laws that can affect a whole county
-district or town council make by-laws for its district or town

Question 12

What act usually are these by-laws made under?

Answer 12

Local Government Act 1982

Question 13

What are examples of by laws?

Answer 13

.Traffic control e.g.parking restrictions

.Regulating behaviour e.g.banning drinking in public places or banning people from riding bicycles in a local park

.

Question 14

What are the 4 controls by parliament of delegated legislation?

Answer 14

-approval of the parent/enabling act
-negative resolution procedure
-affirmative resolution procedure
-scrutiny by committees

Question 15

Approval of the parent/enabling act

Answer 15

parliament has initial control over what powers are delegated, as enabling act sets out the limits within which any delegated legislation can be made it will state:
. which gov minister can make the regulations

.type of laws to be made and who they apply to (whole country or certain places)

.whether gov department must consult other people before making regulations

Parliament also can repeal (withdraw) the powers in an enabling act at any time, leading to the right to make legislation will cease

Question 16

Is approval of parent/enabling act effective?

Answer 16

Very effective as gov still have full control in the end. And their is no one above them (sovereign body). They can repeal any parent act and parent act itself sets out the limits however the whole process can be very time consuming

Question 17

Negative resolution procedure

Answer 17

Most statutory instruments will be subject to a negative resolution.Thus means that the relevant statutory instrument will become law unless rejected by parliament within 40 days of publication

Question 18

Is negative resolution procedure effective?

Answer 18

Not effective as very few statutory instruments will be looked at as so many are made each year

Question 19

Affirmative resolution procedure