SECTION A: Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power.

Question 2

What is the Parent / Enabling Act? What are the three types of delegated legislation and who made them?

Answer 2

The parent act gives the right to create one of the following types of delegated legislation :

Orders in Council - Made by the Queen and Privy Council
Statutory instrument - Made by government ministers
By Laws - Made by local authorities

Question 3

What are the four main reasons that delegated legislation occurs?

Answer 3

Local knowledge - With bylaws, local councils know the area and with that decide on what requirements are necessary for improvement.

Expert knowledge - This is needed for drawing up laws in areas such as technology, environmental safety, industrial problems and taxation.

Detailed law - Parliament doesn’t have the time to deal with all the many laws for rules and regulations.

Consultation - Ministers can benefit of consultation before having regulations drawn up (PACE 1984)
…
Local knowledge - For bylaws, local councils know
their areas and can decide on their local requirements.
Expert knowledge -Needed for drawing up laws in subjects such as technology, e environmental safety, industrial problems, taxation.
Detailed law - Parliament does not have the time to deal with all the detail needed for the large number of rules and regulations.

…
Parliament does not have time to consider and
debate every small detail of complicated regulations.
2 Parliament may not have the necessary technical
expertise or knowledge required; for example,
health and safety regulations in different industries
need expert knowledge. Modern society has
become very complicated and technical, so that
it is impossible for MPs to have all the knowledge
needed to draw up laws on controlling technology,
ensuring environmental safety, dealing with a vast
array of different industrial problems or operating
complex taxation schemes. It is thought that it is
better for Parliament to debate the main principles
of a law thoroughly, but to leave the detail to be
filled in by those who have expert knowledge of it.
3 Ministers can have the benefit of further consultation
before detailed regulations are drawn up. Consultation
is particularly important for rules on technical
matters, where it is necessary to make sure that the
regulations are technically accurate and workable.
Some Acts require consultation before regulations
are created; for example, before any new or revised
police Code of Practice under the Police and
Criminal Evidence Act 1984 is issued, there must be
consultation with a wide range of people including:
a) persons representing the interests of police
authorities
b} the General Council of the Bar, and
c) the Law Society.
4 The process of passing an Act of Parliament can
take a considerable time and, in an emergency,
Parliament may not be able to pass law quickly
enough. The Privy Council can meet at short notice
and pass necessary emergency rules and Ministers
can draft Statutory Instruments which can have
immediate effect.
5 Local councils can deal with issues that are of
concern to them and can use by-laws to regulate
behaviour in certain areas such as parks and beaches .
6 Delegated legislation can be easily amended or
revoked when necessary, so that the law can be
kept up to date. Ministers can respond to new or
unforeseen situations by amending or updating
existing regulations . For example, government
ministers have issued a number of Statutory
Instruments to issue orders on the closing of
shops and licensed premises, the wearing of face
coverings and restrictions on travel during the
COVID-19 pandemic.

Question 4

In detail, discuss ‘order in council’.

Answer 4

An order in council is a law passed in an emergency or under the Queen’s Power. Appointments are made by Queen and is for life.

This is usually drafted by the government and given formal approval by the Queen and Privy Council.

Examples of OiC are:

• Bringing an Act of Parliament into force ( s.2(2) Misuse of Drugs 1971)
• Dealing with foreign affairs (Afghanistan (UN Nations) Order 2001)
• After national emergencies (The Terrorism (United Nations Measures) Order 2001)

A law to give effect to a
European Directive.
A law to transfer responsibility
	between government
	departments.

Question 5

In detail, discuss ‘statutory instruments’.

Answer 5

A rule of regulation put forward by the relevant minister.
It’s often used to update a law (ie altering fine levels for a criminal offence)
EU Laws are often from statutory instrumments

delete and FILTER
Drafted by legal department of the relevant Governmental department
Sometimes wider powers given to fill in detail when it is too complex to go into the original Act
Often referred to as regulations or orders

EG	
A law to remove a ‘burden’
from an existing Act of
Parliament.
A law to implement the
provisions in an Act of
Parliament.

Question 6

In detail, discuss ‘by laws’.

Answer 6

A law covering a specific area or by ex-nationalised companies. Made by Local Authorities or public corporations & companies. Must be ‘confirmed’ by the relevant Minister. Enforceable in courts. Local Authorities make laws to apply in their own geographic area

County council – for whole county and town council for town

Authority is given in many Acts of Parliament
Many are made under authority of Local Government Act 1972
Most punishable with a fine PCN Normally displayed on lampposts
A law to allow the bus
company to fine people who
smoke on the bus.
A law to ban the use of
skateboards in a city centre.