Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

A law made by someone other than parliament, but with the authority of Parliament and is often known as ‘secondary legislation’. This could be made by local authorities.

Question 2

What are the three types of delegated legislation called?

Answer 2

1. Orders in council
2. By-laws
3. Statutory instruments

Question 3

Why does parliament pass on responsibility?

Answer 3

It saves them time

Question 4

What allows someone to make delegated legislation?

Answer 4

Parent Act known as Enabling Act
(The original act that has been made by Parliament. The authority to male delegated legislation is granted in the Parent / Enabling Act

Question 5

Who makes Orders in Council?

Answer 5

The Queen and Privy council

Privy Council - senior government ministers (from HoC and HoL) that meet with the monarch.

Question 6

Why do we have Orders in Council?

Answer 6

These can be made without having to go through all the stages of Parliament making it quicker

Question 7

When are orders in Council used?

Answer 7

Transfer responsibility between government departments
Give effect to EU directives
Make law in times of emergency, when Parliament is not sitting (under Civil Contingencies Act 2004)
Used to amend existing statues

Question 8

Examples of Orders in Council

Answer 8

The Misuse of Drugs Act 1971 the order in council amended the act to reclassify cannabis as a class B drug (previously class C)

Add other
Stopped farms moving livestock to stop the spread of Foot and Mouth disease 2001

Question 9

Who makes by laws?

Answer 9

Made by local authorities eg County Councils or large public business? ordered to do so eg Railway add more

Question 10

To whom do by laws apply to?

Answer 10

They only apply to the area over which the council / public body has control over

Question 11

Why do we have by laws?

Answer 11

They exist because it is quicker for these public bodies / councils to make the decision me and they should know the local area / situations better than Parliament

Question 12

Give examples of issues dealt with by by laws

Answer 12

Traffic regulations, parking regulations, behaviour in public like drinking alcohol and dog related activities

Question 13

Examples of by laws being used

Answer 13

The ban on smoking on the underground

Rushmoor parking laws and park opening times

Question 14

Who makes Statutory instruments?

Answer 14

Government ministers in charge of government departments

Question 15

What can people who makes statutory instruments make them about?

Answer 15

Their area of responsibility eg Heath secretary can only make heath related statutory instruments

Question 16

How many statutory instruments are made a year?

Answer 16

3000

Question 17

Why do we have statutory instruments?

Answer 17

These are used because these departments and ministers will have expert knowledge on the situation they are dealing with

Question 18

Examples of statutory instruments

Answer 18

The Police and Criminal Evidence Act 1984 allowed the Minister for Justice to make codes of practice for policing eg regarding stop and searches, arrests and detention

Health and Safety Act 1974 the Minister for Health made regulations to keep miners safe at work

Question 19

What is the biggest criticism with statutory instruments

Answer 19

They are undermining parliament supremacy and this detailed law is written by civil servants who have not been elected

Question 20

Why do we use Delegated legislation?

Answer 20

1. Parliament does not have time to debate every detail of every Act so it saves Parliament time
2. Parliament will not always have he necessary expertise to make the best laws
3. Local knowledge is often required to tackle local issues
4. Delegated legislation can be changed more easily allowing quicker responses to changing circumstances as parliament can not always respond quick enough in emergencies

Question 21

How does the Enabling Act control DL?

Answer 21

Parliament chooses what powers to delegate in the Enabling Act.
It can decide which government ministers to give power to.
It can specify who they need to consult and how they make the delegated law.
It can specify where the delegated law applies.
Parliament can also repeal the Enabling Act at any time which instantly removes the power of the delegated body to make the law.

Question 22

Negative resolutions

Answer 22

SI is proposed and will become law unless rejected by Parliament within 40 days and there is no debate on this issue
It’s the most common procedure
Parliament very rarely read the legislation
They can either accept or reject it in its entirety
They never reject them the last one was in 1979 called Parraffin (maximum) Rental Prices Revocation Order ?
Only applies to SL - bad

Question 23

Affirmative resolutions

Answer 23

A debate will follow the introduction and Both the House of Parliament must expressively approve the SL before it can be enacted

However parliament cannot amended the SL they can only approve or withdraw/annul it

Question 24

Questioning of government ministers

Answer 24

Government ministered in government departments can be questioned by the MP’s in the House of Commons on their works in their departments including questions about proposed or current delegated legislation.

Question 25

Scrutiny Committee

What does this committee review/check?

Answer 25

All statutory instruments

Question 26

Scrutiny Committee

What can it do?

Answer 26

They can draw attention to Both Houses of Parliament to that SL which needs further consideration.

Question 27

Scrutiny Committee

Why might the Committee refer a Statutory Instrument back to Parliament?

Answer 27

Imposes a charge on the public

Any SL that might catch people for stuff they have done in the past and this is banned in the enabling act

Exceeds powers given in enabling act

Makes unexpected unusual use of piers

SL is unclear or defective in some way

Question 28

What are Scrutiny Committee’s limits?

Answer 28

The scrutiny Committee cannot slyer the SL - can only repeat back it’s findings

Committee review is only technical and it doesn’t scrutinise policy

Question 29

General controls

Answer 29

Consultation - expects are consulted within the relevant field. For example the police may be asked for advice before creating motoring rules

Publication - all delegated legislation must be published to be available for public scrutiny. A recent example was of a man who boarded a plane with a tennis racquet. Taking of such items as hand luggage had been prohibited and this had not been published. The court accepted the passengers claim and said that legislation should not be passed in secret.

Question 30

Control by the courts

Judicial Reviews

Answer 30

Parliament is supreme so the validity of the parent Act cannot be challenges but the legislation that had been delegated can be challenged.

The court can decide that the delegated legislation is ‘void’ (no longer had any effect) by declaring it ‘ultra votes’. The court will do this in three situations

Question 31

1. The delegated legislation goes beyond the powers granted by the Parent Act

R v Home Secretary ex parte Fire Brigade Union

Answer 31

Brief facts: Under the Criminal Justice Act 1988, the Home Secretary