delegated legislation and types

Question 1

what is it and what are the types

Answer 1

• laws made by some person/ body other than Parliament but with the authority of parliament
• 1. statutory instruments
  2. ByLaws
  3. Orders in Council

Question 2

statutory instruments, who makes it and when is it used

Answer 2

GOVERNMENT MINISTERS MAKE IT (eg, so if it’s for education, it’s education ministers)

• To update the law, National minimum wage act gives power to secretary of state to create a statutory instrument to update the law each year. The SI is the annual update
• To add detail to the law, Education Reform Act 1988 gave permission to Minister for Educator to add detail to what should be taught in each subject of the national curriculum.

Question 3

example of statutory instruments

Answer 3

National Minimum Wage Act 1998

Education reform act 1988

Question 4

By Law, who makes it and when is it used

Answer 4

• MADE BY LOCAL AUTHORITIES such as county council (in relation to local matters) or public corporations which are not democratic and are used to deal with an issue within their area
• used when local laws need to be introduced

Question 5

example of by laws

Answer 5

local authority given permission in LOCAL GOVERNMENT ACT to ban balls games in certain areas

public corporation- London Underground Act gave law to ban smoking on tube

Question 6

Orders in Council, who makes it and when is it used

Answer 6

MADE BY QUEEN AND PRIVY COUNCIL

-used in emergency situations, bringing acts into force and transferring responsibility between government departments

Question 7

examples of orders in council

Answer 7

Misuse of Drugs Act 1971

Question 8

what is the privy council

Answer 8

body made up of senior politicians who used to be in House of Commons/ Lords