Delegated Legislation

Question 1

What is the definition of delegated legislation ?

Answer 1

Passing the law making responsibilities to other bodies

Question 2

How does parliament delegate its powers to other ?

Answer 2

Through an ‘enabling act’ for e.g. Road Traffic act is the enabling act that gives power to the Minister of transport

Question 3

What are the 3 types of delegated legislation ?

Answer 3

1. Order in council - Privy council and Queen
2. Statutory instrument - government minister
3. Byelaw - local council and other public bodies

Question 4

Who is the privy council made up of ?

Answer 4

The privy council is made up of senior politicians (including PM) who have the authority to make laws without the need for the whole parliament to be sitting.
Usually used in emergency situations

Question 5

Give some examples of when Orders in council can be used :

Answer 5

1. When transferring responsibilities between government departments
2. When dealing with foreign affairs
3. Making law in times of national emergency
4. To amend other laws at that time

Question 6

Explain in more detail the 4 you mentioned:

Answer 6

1. e.g. from Westminister departments to the Scottish parliament; was done by the Scotland Act 1998
2. e.g. The Afghanistan UN sanctions order 2001 made it an offence to give money to Taliban/ Osama Bin Laden
3. e.g. Day after 9/11 the terrorism UN measure order 2001 made it an offence to provide funds for terrorism
4. e.g. misuse of drug act 1971 was amended in 2003 to downgrade classification of Cannabis from class B to class C, then used same enabling act to change it back to B

Question 7

What are statutory instruments and who are they made by ?

Answer 7

Statutory instruments refer to rules and regulations made by government ministers/departments in their area of responsibility
Some acts of parliaments allow for future changes to be made to the law by government ministers, saving parliament time from rewriting an act just for small changes.