Delegated Legislation

Question 1

What is Delegated Legislation?

Answer 1

Delegated legislation is law that is not passed by an Act of Parliament but by a government minister, a delegated person or an entity in the United Kingdom.

Question 2

What are the 3 types of Delegated Legislation?

Answer 2

1) By-Laws
2) Statutory Instruments
3) Orders in Council

Question 3

What is a By-Law?

Answer 3

A By-Law is a law that is made by the local council or organisation. This is a law that they can make due to the power that they are give by parliament.

Question 4

What is a Statutory Instruments?

Answer 4

A Statutory Instrument is a government or executive order of subordinate legislation. This is when a huge issue has been created and a law would need to be made quick. they would use SI to do this.

Question 5

What is a Orders in Council?

Answer 5

Orders in Council are Orders that have been approved at a meeting of the Privy Council personally by The Queen.

Question 6

Give Three Case Studies Names

Answer 6

• London and North Eastern Railway V Barrium
• R V Allen
• Alder V George

Question 7

Give a brief summery of the London Railway V Barrium

Answer 7

• Railway worker oiling the tracks. Gets hit by train (DEAD 💀💀)
• No Look out provided 😲😲😱😡
• No compensation because statue states compen.. on for people how die while maintenance and repairing.

Question 8

Give a brief summery of the R V Allen

Answer 8

• Charged under offence of Bigamy 👰👦👰(marry twice while first is still alive) Not Charged 👨‍✈️👨‍✈️
• Offence against person act 1861
• Golden rule held word ‘Marry’ should be interpreted as ‘to go through a marriage ceremony.

Question 9

Give a brief summery of the Alder V George

Answer 9

• Obstructing a member of armed forces of a prohibited palace. 💂‍♂️👨‍✈️🚓
• Defendant was in the prohibited place
• Court applied Golden Rule
• Person liable if they were near to a prohibited place and not id they were actually in it.