Types of Delegated Legislation

Question 1

OiC-What are the 3 types of delegated legislation ?

Answer 1

• Orders in council
• Statutory instruments
• bylaws

Question 2

OiC-Who has the authority to make Orders In Council?

Answer 2

• The Queen

- the Privy Council

Question 3

OiC-Who is the Privy Council made up of?

Answer 3

• the PM

- Other leading members of government

Question 4

OiC-Who does the Orders in Council allow to make legislation without going to Parliament ?

Answer 4

the Government

Question 5

OiC-What are the 3 wide range of matters which Orders in Council can be made ?

Answer 5

• giving legal effect to European Directives
• transferring responsibility between Government departments
• bringing Acts of Parliament into force

Question 6

OiC-What is an example of transferring responsibility between Government departments?

Answer 6

for example, when the Ministry of Justice was created the powers of the previous Department of Constitutional Affairs and some of the powers of the Home Office were transferred to this new ministry

Question 7

OiC-Under what Act does the Privy Council have the power to make law in emergency situations?

Answer 7

the Civil Contingencies Act 2004

Question 8

OiC-What does the Civil Contingencies Act 2004 allow the Privy Council to do?

Answer 8

to make law in emergency situations

Question 9

OiC-When will the power to make law in emergency situations under the Civil Contingencies Act 2004 only be exercised?

Answer 9

when Parliament is not sitting

Question 10

OiC-In 2003 what was an Order in Council used to alter?

Answer 10

to alter the Misuse of Drugs Act 1971 to make cannabis a class C drug

Question 11

OiC-After how many years did the Government then use another Order in Council to change cannabis back to a Class B after it was previously used to alter the Misuse of Drugs Act 1971 in 2003?

Answer 11

5 years

Question 12

OiC-What must there be in order to allow the Privy Council to make Orders in Council on the particular topic?

Answer 12

an enabling Act

Question 13

OiC-For the change of category of cannabis, what was the enabling Act?

Answer 13

the Misuse of Drugs Act 1971

Question 14

OiC-What is another enabling Act which gives power to make Orders in Council ?

Answer 14

the Constitutional Reform Act 2005

Question 15

OiC-What does the Constitutional Reform Act 2005 allow the Privy Council to do?

Answer 15

to alter the number of judges in the Supreme Court

Question 16

SI-What does ‘statutory instruments’ refer to ?

Answer 16

to the rules and regulations made by Government Ministers

Question 17

SI-What authority is given to Ministers and government departments to make regulations?

Answer 17

authority to make regulations for areas under their particular responsibility

Question 18

SI-How many departments are there in Government?

Answer 18

25

Question 19

SI-What regulations would the Minister for Transport be able to deal with?

Answer 19

able to deal with necessary road traffic regulations

Question 20

SI-How many statutory instruments are brought into force each year?

Answer 20

c3,000

Question 21

SI-What is an example of a short Statutory Instrument?

Answer 21

making the annual change to the minimum wage which only covers one point

Question 22

SI-Briefly what are the 2 examples of Statutory Instruments which include a lot of detail and are too complex to include in an Act of Parliament?

Answer 22

• the Chemicals Regulations 2009

- Police codes of practise

Question 23

SI-Who made the statutory instrument in the Chemicals Regulations 2009?

Answer 23

the Minister for Work and Pensions

Question 24

SI-Who made the statutory instrument in the police codes of practise?

Answer 24

the Minister for Justice

Question 25

Si-Under what 2 powers did the Minister for Work and Pensions make the Chemicals Regulations 2009 under?

Answer 25

• European Communities Act 1972

- Health and Safety at Work Act 1974

Question 26

SI-Under what power did the Minister fro Justice use to make the police codes of practise statutory instrument?

Answer 26

the powers in the Police and Criminal Evidence Act 1984

Question 27

SI-What year was the Legislative and Regulatory Reform Act?

Answer 27

2006

Question 28

SI-What power does the Legislative and Regulatory Reform Act 2006 give Ministers?

Answer 28

the power to make any provision by order if it will remove or reduce a ‘burden’ resulting from legislation

Question 29

Si-What 4 things defines a burden?

Answer 29

• financial cost
• an Administrative inconvenience
• An obstacle to efficiency, productivity or profitability
• a sanction which affects the carrying on of any lawful activity

Question 30

SI-What does the Legislative and Regulatory Reform Act 2006 which allows Ministers the power to make any provision by order to remove a ‘burden’, to change?

Answer 30

to change Acts of Parliament even though the original Act did not give them power to do this

Question 31

Si-When the Legislative and Regulatory Reform Act 2006 was being discussed what did the Government give a clear undertaking about orders made under the Act?

Answer 31

they would ‘not be used to implement highly controversial reforms’

Question 32

BL-Who can make Bylaws?

Answer 32

• local authorities

- public corporations

Question 33

BI-When will local authorities make bylaws?

Answer 33

to cover matters within their own area

Question 34

BL-Give an example of a County Council ?

Answer 34

Norfolk County Council can pass laws affecting the whole county

Question 35

BL-Where can a District or Town Council make bylaws?

Answer 35

can only make bylaws for its district or town

Question 36

What are 2 examples of many local bylaws?

Answer 36

• traffic control

- parking restrictions

Question 37

BL-What are two examples of public corporations which can enforce rules about public behaviour on their premises?

Answer 37

• British Airports Authority

- Railways