Delegated Legislation Types

Question 1

Definition

Answer 1

Delegated legislation is legislation made by some person or body other than Parliament but under the authority of Parliament. Parliament passes an Enabling Act or Parent Act which authorises the making of delegated legislation

Question 2

Three types

Answer 2

Statutory instruments
Bylaws
Orders in the council

Question 3

Statutory instruments

Answer 3

Made by; Government and Ministers 
National in effect 
Characteristics: come in the form of regulations- road vehicles display of registration marks regulations 2001
Orders- foot and mouth disesse
Codes of practice- PACE 

Introduced by negative or affirmative resolutions or through super affirmative resolutions.
Made by ministers acting under the powers in the legislative and regulatory reform act 2006 to make ant provision by order of it will remove or reduce legislative burden

3,000 a year

Eg- the right of the subject, protection of freedoms act 2012 (relevant official records) order 2012 has changed the law so that historical convictions for consensual gay sex with persons aged 16+ will be treated as ‘spent’ and not show up on criminal records checks.

Legislative and regulatory reform act 2006 gives ministers the power to make legislative reform orders
These are statutory instruments which remove any burdens directly or indirectly resulting from legislation where it would impose a financial cost, administrative inconvenience, an obstacle to efficiency, productivity or profitability or a sanction which affects the carrying on of any lawful activity.

Eg legislative reform (industrial and provident societies and credit unions (2011)

Question 4

Bylaws

Answer 4

Made by; either local authorities (local town, city, and county councils) or public corporations (companies providing services to the public)

Local in effect or restricted to the provision of a public corporation service

Characteristics; cover matters of local concern. (Dogs fouling footpaths, parking restrictions, consumption of alcohol outdoors, harbour regulations)

Public corporation bylaws cover matters that affect the public using their services (smoking on trains, hose-pipe bans, trespassing near railways)

Approved by relevant government department

Eg- local government act 1972 gives local authorities wide ranging powers to make by laws and the south west trains limited railway bylaws (made under s. 129 of the Railways Act 1993) is an example of power to make bylaws given to a public corporation

Question 5

Orders in the Council

Answer 5

Made by the Queen and Privy Council

National/ local in effect or specific to the activity aimed at

Characteristics-
Drafted by government minister then approved by the Queen and 4 privy councillors

Emergencies under emergency powers act 1920
Civil contingencies act 2004(fuel crisis 2000)
And times when Parliament are not sitting

Transfer of responsibility between government departments, transfer of powers to devolved assemblies (Wales,,Scotland, Northern Ireland) and to extend legislation to former colonies

Used extensively to give legal effect to EU law under the European Communities Act (1972)

Eg- Northern Ireland (restoration of devolved powers) order 2000 made under Northern Ireland act 2000

Question 6

Advantages of delegated legislation

Answer 6

Time saving-
Quicker to pass and amend than primary legislation

Policy not detail-
Detailed law making taken care of means Parliament can focus on producing primary legislation which caters for broader policy aims

Fast-
Quick responder to emergencies such as terrorist attacks, outbreaks of infectious diseases or shortage of vital supplies

Expertise-
Some areas of regulation involve highly technical, scientific and detailed knowledge for which Parliament lacks sufficient expertise

Controls-
Number of controls preventing abuse of power

Question 7

Disadvantages of delegated legislation

Answer 7

Time-
Parliament lacks the time to properly scrutinise delegated legislation which is not fully debated in Parliament and opportunity for public objection is lost

Can be left to junior ministers or civil servants within the department-
Not accountable to parliament in the same way as a Minster of State m.

3,000 a year-
Complex secondary legislation encourages mistakes and undermines proper scrutiny as well as being hard to keep up with

Not published as widely as primary legislation-

Denying public involvement and scrutiny

Undemocratic-
Made by unelected persons and bodies and this raises the question of accountability and control