Delegates legislation-3 Types

Question 0

What are the 3 types of DL?

Answer 0

Orders in Council
Statutory Instruments
Bylaws

Question 1

What is Delegated Legislation?

Answer 1

It is law made by a person/body under the authorisation of Parliament
It is made under a Parent/Enabling Act

Question 2

Who are Orders in Council made by?

Answer 2

• The Queen and Privy Council

* The Privy Council is the Prime Minister and other senior politicians/Cabinet ministers

Question 3

What to Orders in Council allow the government to do?

Answer 3

Allows the government to make law without going through Parliament

Question 4

Who are OIC drafted by?

Answer 4

Government Deparments

Question 5

Why do OIC do to European Directives?

Answer 5

They give effect to ED

Question 6

What is the purpose of an ED

Answer 6

They’re intended to harmonise the laws of Europe’s member states and cover areas like health and security, workers equal rights and social securities

Question 7

Under what acts can the Privy council make law in an emergency situation?

Answer 7

• Civil Contingencies Act 2004

* Constitutional Reform Act 2005

Question 8

Give en example of Privy council making law in an emergency situation

Answer 8

In 2001 when flights were banned from entering and leaving the UK

Question 9

What is another power of OIC and give an example of how it was used

Answer 9

They’re used to transfer responsibility between government departments for example when the Ministry of Justice was created, the powers of the Home Office and Department of Constitutional Affairs were transferred

Question 10

What are Statutory Instruments and who are they made by?

Answer 10

• Are rules made under the authority of of a Parent/Enabling Act
• they’re made by government Ministers

Question 11

Give an example of the power of an SI

Answer 11

The Road Traffic Act 1988 allows the Minister for Transport to make regulations like motorcyclists wearing helmets

Question 12

Give an example of an SI under PACE 1984

Answer 12

The police Codes of Practice

Question 13

What are SIs referred to and why?

Answer 13

They’re referred to as Ministerial Regulations because Ministers are in charge of it

Question 14

Give an advantage of minsters making SIs and give an Act in the answer

Answer 14

An advantage is that under the Legislative Regulatory Reform Act 2006, minsters have the power to change any Act of Parliament to remove an administrative or financial burden

Question 15

Why don’t Parliament use an act to put ED into use?

Answer 15

Because it’s time consuming as they’d have to update the parent/enabling Act

Question 16

What is the purpose of the Unfair Terms and Consumer Contracts Regulations Act 1994?

Answer 16

To give consumers protection against unfair terms and contracts

Question 17

How many SIs are drafted and put into practice each year?

Answer 17

Around 3000

Question 18

Who are Bylaws created by and under what Act?

Answer 18

They’re created by Local Councils under the Local Government Act 1972-includes county and town council
And public corporations/organisations

Question 19

Why is it important for Government Ministers to approve Bylaws?

Answer 19

Because a law might be passed against the Government Minister

Question 20

What kind of areas are covered by Bylaws?

Answer 20

• Control of Traffic
• Parking restrictions
• Alcohol restriction etc.

Question 21

Why are Bylaws seen as democratic?

Answer 21

Because local councils are elected

Question 22

What is the purpose of publishing Bylaws?

Answer 22

To make the public aware

Question 23

Give examples of Bylaws made by companies/public corporations

Answer 23

• Railway companies can restrict behaviour of public on premises
• Local parking regulations