Delegated legislation Flashcards
what is DL
a secondary legislation controlled by parent (enabling) Act of Parliament
who does parliament delegate power to make more detailed law, within the framework of the Act, to (3)
1) Orders in Council
2) Statutory Instruments
3) Bylaws
who are Orders in Council made by
The King + Privy Council
who is the privy council made up of
prime minister + other leading members of the government
what are orders in council used to do
- give effect to European Directives
- make emergency legislation as a result of Emergency Powers Act + Civil Contingencies Act 2004
- transfer responsibility between Gov departments e.g. Home office to MoJ
example of orders in council making emergency legislation
Orders in Council used to deal with foot and mouth outbreak in 2001
explain what a statutory instrument is
- rules and regulations made by Gov. ministers - ministers given responsibility to make regulations for areas under their particular responsibility
SI are a major method of law making - how many are made approx each year
approx. 3000
what can SIs be used to do
update, change or add detail to laws
example of SI made in very short time
making annual change to minimum wage
example of very long + detailed SI
Health Protection (Coronavirus) Regulations 2020
who are bylaws made by
local councils (as a result of Local Government Act 1972) & other public bodies
what do LA and PB have power to do under bylaws with example
power to pass laws that concern their area e.g. Preston Council can pass laws affecting Preston such as parking
e.g. of SI made by local authority
2011 Manchester City Council increased price of alcohol through a bylaw to discourage binge drinking
e.g. of SI made by public body
London Underground making bylaw regarding behaviour on their premises - banning smoking on the underground under a bylaw under the Road Traffic Act 1962, prior to national smoking ban
reasons for DL (4)
1) expertise/ knowledge
2) consultation
3) speed/time saving
4) flexibility
explain expertise/ knowledge as reason for DL
parliament may not have necessary technical expertise/ local knowledge required whereas gov. ministers + their departments do, regarding their area of responsibility
explain consultation as a reason for DL
allows parliament to debate main principles thoroughly but leave detail to be filled by those with expert knowledge - time to consult with the experts before regs. drafted
explain speed/ time saving as a reason for DL
impossible for parliament to make over 3000 SIs, local bylaws + emergency provisions, as well as all the Gov. Bills introduced each year
explain flexibility as a reason for DL
- can be introduced, amended or withdrawn easily so that the law can be kept up to date
- ministers can respond to new/ unforeseen situations by amending regs. made through a SI e.g. amending min. wage by SI every year
parliamentary controls on DL (6)
1) the enabling act
2) ministers may be questioned by MPs in HoC about their work
3) affirmative resolutions
4) negative resolutions
5) the Delegated Powers Scrutiny Committee
6) The Legislative and Regulatory Reform Act 2006
why does DL need controls
may be made by non-elected bodies
explain affirmative resolutions
requires some SIs to be approved by Parliament before it becomes law (this will be stated in enabling act - e.g. changes/additions to police code of practice under PACE 1984)
explain negative resolutions
the SI will become law unless rejected by parliament within 40 days of being put before it
