The Need for Delegated Legislation

Question 1

Briefly what are the 4 needs for delegated legislation?

Answer 1

1. Parliament have no time for small details
2. Parliament may not have technical expertise or knowledge required
3. Ministers have the benefit of further consultation before regulations are drawn up
4. Passing an Act of Parliament takes too long

Question 2

What are examples of when Parliament does not have expertise and knowledge required to make regulations?

Answer 2

• health and safety regulations in different industries need expert knowledge
• local parking regulations need local knowledge

Question 3

Why is impossible for members of Parliament to have all knowledge needed to draw up laws on controlling technology, ensuring environmental safety, dealing with a vast array of industrial problems ?

Answer 3

as modern society has become very complicated and technical

Question 4

What is it thought it is better for Parliament to do due to the complexity of modern society?

Answer 4

best for Parliament to debate the main principles thoroughly but leave the detail to be filled in by those who have expert knowledge to it

Question 5

What is consultation particularly important for rules on technical matters?

Answer 5

as it is necessary to make sure that the regulations are technically accurate and workable

Question 6

What do some Acts giving the power to make delegated legislation set out that there must be ?

Answer 6

must be consultation before the regulations are created

Question 7

Before any new or revised police Code of Practise under PACE 1984 which 3 wide rang of people must be first consulted?

Answer 7

• persons representing the interests of police authorities
• the General Council of the Bar
• the Law Society

Question 8

Why is it as advantage for delegated legislation to be able to amend or reveal easily when necessary? (2)

Answer 8

• this allows the law to be kept up to date

- Ministers can respond to unforeseen situations

Question 9

What can Ministers do to respond to unforeseen situations?

Answer 9

can amend or amplify statutory instruments