Delegated Legislation - Types of Delegated Legislation

Question 1

What are the 3 types of delegated legislation?

Answer 1

1) Orders in Council
2) Bylaws
3) Statutory Instruments

Question 2

Who makes Orders in Council?

Answer 2

The Queen and Privy Council

Question 3

Give an example of an Order in Council.

Answer 3

Misuse of drugs modification order 2003

- Changed Cannabis to a C Class Drug

Question 4

Who makes Bylaws?

Answer 4

A local council or a Public Corporation

Question 5

Give an example of a Bylaw.

Answer 5

Boddington V British Transport Police

- Bylaw prevented smoking on trains

Question 6

Who makes Statutory Instruments?

Answer 6

Ministers and Government Departments

Question 7

Give an example of a Statutory Instrument

Answer 7

Police and Criminal Evidence Act 1984

allowed Minister for justice to create the Police Codes of Practice

Question 8

Give 3 advantages of Delegated Legislation

Answer 8

1) Saves Parliamentary time
2) Allows for more detail as it is experts who write the legislation
3) Quick response in emergencies

Question 9

Give 3 disadvantages of Delegated Legislation.

Answer 9

1) DL cannot be properly scrutinised
2) Difficult to keep track as over 3000 are made each year
3) Undemocratic as it is not made by elected representatives