delegated legislation - civil

Question 1

What are the three types of delegated legislation?

Answer 1

1. Orders in Council
2. By-laws
3. Statutory Instruments

Question 2

Who approves orders in council?

Answer 2

the King and Privy Council

Question 3

Who makes up the privy council?

Answer 3

Prime Minister and other senior politicians

Question 4

Orders in Council allows the _________ to make ________ without it having to be ________ or voted on in ________.

Answer 4

government
legislation
debated
parliament

Question 5

Give an example of when Order in Council was used. (Hint - Wales)

Answer 5

It was used to transfer the powers to the devolved assemblies in Scotland and Wales in 1999 - Scotland has their own parliament. This was done because it means the issue wasn’t debated on or voted on and simply just passed.

Question 6

Orders in council are used…
Can also be used…

Answer 6

…In times of emergency under the Civil Contingencies Act 2004.
…When Parliament are not sitting such as Summer Recess.

Question 7

(3) Examples of when order in council was used:

Answer 7

Cannabis classification - In 2001, Cannabis was dropped from a Class B to a Class C drug. When citizens misunderstood that this meant it was legalised, an order In council was used to quickly reclassify it as a Class B.

2011 Riots - Harsh prison sentences were given in response to looting as a deterrent.

Data protection act 1998 - done on an EU directive on data protection. The privy council made an order in council.

Question 8

Who can make By-Laws?

Answer 8

Local authorities that are given the power by Parliament to make laws which affect local matters and control their local area.
E.G stockport council
They can also be made by public corporations /companies controlled by government, on matters with their own area.
E.G Highways England or Avanti Rail.

Question 9

What Act are by-laws mostly made under?

Answer 9

Local Government Act 1982

Question 10

By-laws must be c——–(approved) by the relevant s________ _o__ s_____ before being enacted.

Answer 10

confirmed
(approved)
Secretary of State

Question 11

Describe the case of Boddington vs British Transport Police
Hint - 🚆🚬

Answer 11

Peter Boddington was found to be smoking in a non-smoking carriage and smoking had been prohibited through By-Law. He was fined £10. He challenged the validity of this by law as it was not made by Parliament. The lords (the Supreme Court pre 2009) said that the Bylaws must be followed, and if broken then a fine is payable.

Question 12

Local Authority examples of By-laws:

Answer 12

Penalties for dog fouling on pavements
Manchester City council banning drinking during the commonwealth games.

Question 13

Public corp/Company examples of By-laws:

Answer 13

Fines for smoking on Bus
Controlling behaviour on the London underground
fines for not paying fares on trains

Question 14

Define ‘Delegated’.

Answer 14

The power to make law has been passed on from Parliament to another body of authority.

Question 15

Parliamentary sovereignty suggests that only Parliament should have the power to make the law and be the supreme law makers. However…

Answer 15

…because the process of passing an act of parliament takes so long, approx. 18 months, to pass through the 8 steps so parliament needs to delegate their power to speed up this process.

Question 16

by laws affect …

Answer 16

… local matters and have jurisdiction over their local area.

Question 17

Statutory instruments are made by:
The power will be given to:

Answer 17

Government departments.
A minister who heads a particular department.

Question 18

Around _____ statutory instruments are made every year.

Answer 18

3,000

Question 19

Who do statutory instruments apply to?

Answer 19

They are national in effect. (Everyone in the UK)

Question 20

Statutory instruments are also referred to as:

Answer 20

regulations.

Question 21

What is an ‘Enabling Act’

Answer 21

Instructions outlining their power given to the Minister in charge of the statutory instrument from Parliament.

Question 22

The power to make statutory instruments is outlined in…

Answer 22

An Enabling act - instructions given to the minister in charge from Parliament.

Question 23

Statutory instruments are used to u______, c______ and m________ existing Acts of Parliament, saving Parliament from having to re-write a new act when only small changes are necessary.

Answer 23

update change and modernise

Question 24

Give an example of a statutory instrument being used to update existing acts of parliament.

Answer 24

The dangerous dogs act 1991 - more breeds of dogs (The XL bully) were later added by the Home Secretary in 2024.

Question 25

Examples of government departments who create statutory instruments:

Answer 25

Department for Education
Department for Health
Department for Transport.

Question 26

The need/reasons for use of delegated legislation (Time)

Answer 26

Time - DL allows for Parliament to thoroughly process important issues that have a greater national impact using their 8 step process instadof having to deal with smaller issues and waste a significant amount of Parliaments time that could of been spent on more pressing matters.