Delegated Legislation

Question 1

What is delegated legislation

Answer 1

Power to create law passed down to someone else

Takes too long to pass law so delegated to others

Question 2

Three types of DL

Answer 2

Orders in council
By laws
Statutory instruments

Question 3

Orders in council are

Answer 3

Drafted by gov depts and approved by the queen

Made under the powers of a parenting act

Question 4

Order in council act?

Answer 4

Emergency powers act 1920

Question 5

When are OIC made

Answer 5

Times of emergency
Parliament isn’t sitting
Pass EU law
Bring acts on parliament in without process

Question 6

By laws made by whom

Answer 6

Local authority made

Make laws that affect local area

Question 7

Created under which act

Answer 7

Local government (miscellaneous provisions) act 1982 and Local government act 1972

Question 8

Who else can create by laws

Answer 8

Created by public corporations and companies controlled by government

London Underground

Question 9

Statutory instruments

Answer 9

Made by government departments
Also known as regulations
Power to make law given to ministers who head departments
The power to make SI is outlined in an enabling act
Allows provisions of an act to be brought in later

Question 10

Procedure for creating statutory instruments

Answer 10

• Parliament passes an enabling act
• gives power to government departments and ministers
• defines HOW the legislation should be drafted
• States whether there is a duty for the department to consult experts

Question 11

Two different procedures

Answer 11

Negative resolution procedure

Affirmative resolution procedure

Question 12

Negative resolution procedure (normal one)

Answer 12

• After the SI has passed it is presented to parliament
• After 40 days, if no one has objected to the law then it will become permanent
• If objection is made, debate at HOC, HOL
• Will be approved or negative resolution reached

Question 13

Affirmative resolution procedure (rare)

Answer 13

• If the SI is controversial, parliament will put an instruction within the enabling act that affirmative resolution must be reached
• The instrument is debated and voted upon by a house before becoming law

Question 14

Super affirmative resolution

Answer 14

• Allows ministers to make changes to the SI within 60 days

- This gives ministers more power and changes the rule that SIs can not be amended after being laid in parliament

Question 15

Delegated legislation controls

Answer 15

Elected officials not making laws. Must be regulated to ensure it isn’t abused.

Two sets of controls:

• Courts
• Parliament

Question 16

Controls by parliament

Answer 16

• The enabling act
• Affirmative and negative resolution procedures
• Scrutiny committees