Delegated Legislation

Question 1

explain delegated legislation (intro)

Answer 1

parliament = supreme law making body in UK

‘primary legislation’ is the term used to describe the main laws passed by the legislative bodies of the UK (eg acts of the UK parliament)

however, sometimes it passes on the power to make laws to other bodies; this is known as ‘delegated legislation’ or ‘secondary legislation’ or ‘subordinate legislation’

usually parliament sets out the framework of the law in a ‘parent’ Act (enabling Act) then delegates the power to make more detailed law within this framework to another body

Question 2

types of delegated legislation

Answer 2

orders in council

statutory instruments

bylaws

Question 3

orders in council: explain

Answer 3

the queen and privy council (prime minister and other leading members of Gov) have the authority to make orders in council

allows the gov to make legislation without going through parliament

Question 4

orders in council: what can they be used for

Answer 4

• give effect to european directives
• make emergency legislation (Emergency Powers Act 1920, and Civil Contingencies Act 2004)
• dissolve parliament
• reorganise responsibility of gov departments, transfer responsibility eg home office -> ministry of justice
• bring acts (or parts of acts) or parliament into force

The Constitutional Reform Act 2005 allows the Privy Council to alter the number of judges in the Supreme Court through an Order in Council.

Question 5

orders in council: examples

Answer 5

Used to deal with the emergency situations created by the fuel crisis in 2000 and the foot and mouth outbreak in 2001.

Terrorism Order 2001 was brought in using an Order in Council to deal with the terrorist attacks of 11 September 2001

Question 6

statutory instruments: explain

Answer 6

Rules and regulations made by Government ministers.

Ministers are given authority to make regulations for areas under their particular responsibility.

This is a major method of law making with about 3000 being made each year.

The parent Act broadly sets out the law and provides the ministers with the power to make statutory instruments.

Can be very short e.g. annual change to the minimum wage.

Can be very long with detailed regulations which were too complex to include in an Act of Parliament. E.g. Building Regulations 2010

Question 7

statutory instruments: examples

Answer 7

The Lord Chancellor was given power under the Access to Justice Act 1999 to introduce new laws concerning the legal funding of cases.

Health Protection (Coronavirus) Regulations 2020 were made under the Public Health Act 1984 by the Health Minister. They stop people leaving quarantine areas and will allow forcible quarantine of newly infected by the police.

Building Regulations 2010

Question 8

Bylaws: explain

Answer 8

bylaws made by local councils (as a result of Local Government Act 1972) and other public bodies

they have the power to pass laws that concern their area (eg Preston Council can pass laws affecting the city of Preston)

many involve traffic, parking, waste disposal, planning, etc

Question 9

Bylaws: examples

Answer 9

Public bodies, such as the British Airports Authority and the London Underground also have the power to make laws regarding behaviour on their premises.

The General Medical Council and the Law Society have power to set standards of conduct for doctors and solicitors.

In 2011 Manchester City Council increased the price of alcohol through a by-law to discourage binge drinking.

In Boddington v British Transport Police Mr Boddington was caught smoking in a railway carriage where smoking was prohibited. He was convicted and fined by a magistrate under a by-law made under the Road Transport Act 1962