Delegated Legislation

Question 0

What is the enabling Act?

Answer 0

An original act passed by parliament which enables another body or person to make law

Question 1

What is the privy council?

Answer 1

A body made up of senior, current and former politicians, senior judges, members of royal family and Arch bishops

Question 2

What is the parent Act?

Answer 2

Another term for the original act as the legislation can be seen as the offspring of the original act

Question 3

What is delegated legislation?

Answer 3

A law made by other people or bodies than the parliament with the authority or parliament granted under the parent act

Question 4

Who makes by-laws

Answer 4

Local authorities and public cooperations

Question 5

What does a statutory instrument do?

Answer 5

Gives government ministers the power to make rules wither their own responsibility

Question 6

Who makes OIC?

Answer 6

Queen and privy council

Question 7

What two Acts should always be mentioned in OIC?

Answer 7

Emergency powers act 1920 and civil contingencies act 2004

Question 9

Will By-laws partly be an enabling Act? True or false?

Answer 9

False, it will always be an enabling act.

Question 9

What does the parent act do?

Answer 9

Provides the framework for all delegated legislation

Question 10

Whenever there is delegated legislation there will always be an enabling Act, True or false?

Answer 10

True

Question 11

What is the negative parliamentary control on delegated legislation?

Answer 11

It will become a law unless rejected by either house within 28-40 days, most popular and most parent acts require this

Question 12

Name 2 enabling acts

Answer 12

Scotland Act 1998, UN Act, Local government Act 1972

Question 13

Name 3 advantages of delegated legislation

Answer 13

Time saving - 3,000 SI to deal with, democratic, parliamentary control - negative and affirmative, produced with specialist knowledge, flexibility, access to particular expertness

Question 14

Name 2 disadvantages of delegated legislation

Answer 14

Partly undemocratic, lack of publicity, no effective control, too many acts to track

Question 15

In transferring powers in OIC what would be an example

Answer 15

Scottish Parliament order 1999 under the Scotland Act 1998

Question 16

Commencement order under statutory instruments, name an example

Answer 16

Smoke free regulations 2007 under the Health Act 2006g

Question 17

A public cooperation in by-laws, name an example

Answer 17

National trust land under the national trust act

Question 18

In an emergency In OIC, name an example

Answer 18

Terrorism order 2001 under the UN Act 1946

Question 19

To update a law in statutory instrument name and example

Answer 19

Minimum wage regulations 2006 under the minimum wage Act 2006

Question 20

Restrictions in a local area in by-laws, name an example

Answer 20

Dog fouling in Brighton beach order in the environment and clean neighbourhood Act 2005

Question 21

Deal with foreign affairs in OIC, name an example

Answer 21

Afghan order 2001 under the emergency powers Act 1920

Question 22

Make regulations in statutory instruments name an example

Answer 22

Hedgerow regulations 1997 under the environment act 1996

Question 23

Are enforceable in courts in by-laws name an example

Answer 23

Boddington v British Transport police under the local government Act 1972

Question 24

What is the super affirmative resolution procedure

Answer 24

Organisations and people who would be substantially affected by proposals must be consulted, they have 60 days

Question 25

What is revocation

Answer 25

Power given under the parent act can be taken away

Question 26

What is questions from MPs

Answer 26

MPs can ask responsible ministers questions about DL

Question 27

What should you always refer to when explains affirmative resolution

Answer 27

HRA section 20

Question 28

Who made the smoke free regulations order 2006?

Answer 28

Secretary state of health

Question 29

What is the emergency power act 1920

Answer 29

It provides the queen authority to make orders In council in emergency acting on the advice of the privy council

Question 30

How are OIC made?

Answer 30

OIC are made by the queen discussing a law/act acting on the advice of the privy council which is then drafted by the government ministers to be enforceable in courts

Question 31

How are by-laws made?

Answer 31

Made under the local government Act 1972, drafted by local authorities or public cooperation’s and the approved by government ministers.

Question 32

How are statutory instruments made?

Answer 32

Update a law (act), drafted and approved by secretary of state

Question 33

Why is DL necessary?

Answer 33

Delegated legislation is necessary as it can deal with specific needs (e.g by laws) that will help a town/government. It is also necessary as it can update rules such as the minimum wage Act 2006 in statutory interpretations and its can also be necessary as its flexible, cutting workload and making the process of the law being made faster.

Question 34

How is DL controlled by parliament

Answer 34

Parliament, through the doctrine of parliamentary sovereignty, may revoke any piece of DL, also become some parent Acts require specific procedures, without the, it will declared procedural ultra vires and be void. An example of this could be Aylesbury mushroom case 1972.