Delegated Legislation

Question 1

Define delegated legislation

Answer 1

A law made by a person/body outside of Parliament, but with their permission

Question 2

What is an enabling Act of Parliament

Answer 2

Authority which allows a person or body to make laws

Question 3

An example of an enabling Act?

Answer 3

Access to Justice Act 1999, gave the Lord Chancellor powers to alter various aspects of the legal aid funding scheme

Question 4

What are the three types of DL?

Answer 4

Orders in Council (OIC)
Statutory Instruments (SIs)
By-laws

Question 5

Who makes an OIC?

Answer 5

The Monarch, on the advice of the Privy Council

Question 6

Who is the Privy Council?

Answer 6

Prime Minister and other leading members of the government

Question 7

What is the process?

Answer 7

3-4 members will meet with the Monarch to go through the proposed OIC.
The Gov Minister who’s department is affected will be there.
When the Monarch gives their approval, it becomes law.

Question 8

Uses of OICs

Answer 8

• transfer power between government departments
• allow amendment of laws (Misuse of Drugs Act 1971)
• create laws in emergency situations (Civil Contingencies Act 2004)

Question 9

What is an SI

Answer 9

Laws made by Gov ministers who have been granted DL powers by an enabling Act, apply to both England and Wales

Question 10

How many departments are in the government?

Answer 10

15

Question 11

Process of SIs

Answer 11

Gov ministers make laws in their areas of responsibility (Minister of Transport deals with necessary road traffic regs).
They are drafted by civil servants, interested parties may be notified of its content

Question 12

Uses of SIs

Answer 12

• add detail to an Act of Parliament (Health and Safety Act 1984)
• change financial limits (National Minimum Wage Act 1998)
• update a law (Dangerous Dogs Act 1991)
• bring an Act into force