Delegated legislation Flashcards
What is delegated legislation?
When parliament gives powers to another body by passing an Enabling Act.
What are the 3 types of delegated legislation?
By-laws
Statutory instruments
Orders in council
What are by-laws?
Rules or regulations made by local authorities and public corporations to manage local or specific issues.
What is an example of a by-law?
The Transport Act 2000.
It delegates power to the Strategic Railway Authority to make railway by-laws.
What are statutory instruments?
A type of delegated legislation made by government ministers under the authority of an Enabling Act.
They allow the government to make detailed laws or regulations without needing to pass a new act of parliament.
What is an example of statutory instruments?
The Time Off for Public Duties Order 2018 which was made under the Employment Rights Act 1996.
What are Orders in Council?
A type of delegated legislation made by the King and Privy Council under powers delegated to them by an Enabling Act.
What is the Privy Council?
A body made up of senior politicians who are or used to be in the House of Commons or House of Lords.
What is an example of Orders in Council?
The Misuse of Drugs (Amendment) Order 2017 which was used to amend the Misuse of Drugs Act 1971.
What are advantages of delegated legislation?
It saves parliamentary time
Ensures that laws are made by those with relevant expertise
Can be used quickly in emergencies or new situations
What are disadvantages of delegated legislation?
It is undemocratic
It is overused so people may not understand the laws
There is a lack of control which means poor law-making may not be corrected
