Types of Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Provides detail on the aspects of law that Parliament are incapable of developing due to time restrictions and expertise.

Question 2

What are the types of delegated legislation?

Answer 2

• Statutory Instruments
• Orders in Council
• By-laws

Question 3

What are Statutory Instruments?

Answer 3

• They fill the gaps and address the finer detail on an issue.

Question 4

Who and how do the Statutory Instruments exercise power?

Answer 4

• They are made by Government Minsters and Departments
• They are given the power to make law by Parliament through the ‘enabling act’ (parent act).

Question 5

Provide an example of a Statutory Instrument.

Answer 5

The Dangerous Dogs Act 1991: set out specific dog breeds that are restricted in England and Wales through power of the Secretary of State S1(1)(c).

Question 6

What are Orders in Council?

Answer 6

A form of delegated legislation used in times of national emergency when Parliament is not sitting.

Question 7

Who and how do the Orders in Council exercise power?

Answer 7

• They are made by the Privy Council
• The Civil Contingencies Act 2004 gives the Monarch and the Privy Council the power to make orders.

Question 8

Provide an example of Orders in Council?

Answer 8

During a fuel shortage due to oil protests, an order in Council was passed to ensure that priority was given to emergency service vehicles.

Question 9

What are by-laws?

Answer 9

Laws that affect a particular group of people or part of the country.

Question 10

Who and how do By-laws exercise their power?

Answer 10

• They are made by local authorities, public corporations and companies.
• A number of different acts give power to local authorities