Delegated legislations (paper 2)

Question 1

What is delegated legislation?

Answer 1

Law made by someone other than Parliament with the authority of Parliament

The authority is typically granted by a ‘parent’ Act of Parliament known as an ‘enabling Act’.

Question 2

What are the three types of delegated legislation?

Answer 2

• Orders in Council
• Statutory Instruments
• By-laws

Each type serves different functions and is made by different authorities.

Question 3

Who makes Orders in Council?

Answer 3

The King and the Privy Council

The Privy Council consists of the Prime Minister and other leading government members.

Question 4

What is required for an Order in Council to be made?

Answer 4

An Enabling/Parent Act

For example, the Constitutional Reform Act 2005 enabled changes to the number of Supreme Court judges.

Question 5

What are some purposes of Orders in Council?

Answer 5

• Bringing Acts of Parliament into force
• Transferring responsibility between government departments
• Making law in emergency situations

For example, the Civil Contingencies Act 2004 allows for emergency laws.

Question 6

What is the significance of the Misuse of Drugs Act 1971 in relation to Orders in Council?

Answer 6

It served as the Enabling/Parent Act for an Order in Council that changed cannabis classification in 2008

Cannabis was changed from a class C to a class B drug.

Question 7

What are Statutory Instruments?

Answer 7

Rules and regulations made by Government Ministers under the authority of an Enabling/Parent Act

Approximately 3,000 Statutory Instruments are enacted each year.

Question 8

Give an example of Statutory Instruments in action.

Answer 8

Rules regarding local lockdowns under the Coronavirus Act 2020

These rules were implemented to manage public health during the pandemic.

Question 9

Who can make by-laws?

Answer 9

Local authorities, public corporations, and companies

Local authorities can create by-laws under the Local Government Act 1972.

Question 10

What types of matters do by-laws typically cover?

Answer 10

• Traffic control
• Parking
• Public behavior regulations

For instance, Manchester City Council has made by-laws concerning parking restrictions.

Question 11

What is an example of by-laws made by a public corporation?

Answer 11

By-laws enforced by the Greater Manchester Metrolink System

These by-laws regulate public behavior on their premises.