Delegated Legislation (A01)

Question 1

how long does it take to pass an act of parliament

Answer 1

18 months

Question 2

why was delegated legislation introduced?

Answer 2

to help government cope with issues such as NHS, Job seekers allowance and education changes

Question 3

what is delegated legislation

Answer 3

when parliament hands down law making power to governement ministers and councils

Question 4

why has increased over time?

Answer 4

with introduction of the welfare state.

Question 5

what are the 3 types of delated legislation?

Answer 5

• orders in council
• by laws
• statutory instruments

Question 6

orders in council summary

Answer 6

drafted by gov. departments and approved by the queen and the privvy council.

made under powers given in a parent/enabling act
very rare and usually only used in times of emergency when parliament arent sitting

Question 7

who are the privvy council made up of?

Answer 7

the prime minister and other leading members of the government.

Question 8

what is an example of the enabling act?

Answer 8

the emergency powers act 1920

Question 9

what is the main reason for the use of orders in council today?

Answer 9

to pass EU law through the european directive

Question 10

when might n order in council be used?

Answer 10

change in cannabis class from a b-c and back again
fuel crisis 2001.

used to bring act of parliament into force without going through legislative process

Question 11

by laws summary

Answer 11

made by local authorities whove been given power by parliament to create laws affecting local matters

Question 12

what acts are by laws mostly created under?

Answer 12

Local government act 1982 and local government act 1972

Question 13

who else can by laws be made by?

Answer 13

public corporations and companies controlled by goverment such as british airports or london underground.

Question 14

what has to happen to by laws first?

Answer 14

‘confirmed’

they must be approved by relevant secretary of state.

Question 15

examples of difference between local authority and public corporations

Answer 15

• local authority: penalties for dog fouling or skateboarding in local park
• public corp: smoking on trains, controlling use of mobile phones on trains.

Question 16

statutory instruments key facts

Answer 16

made by government departments
also known as regulations (not acts)
3000 made per year.

Question 17

who has the power to make statutory instruments?

Answer 17

outlined in enabling act, power to make them is given to a minister of a department

Question 18

what do statutory instruments allow?

Answer 18

provisions of an act of parliament to be brought in at a later date, national in effect.

Question 19

whats the procedure in making a statutory instrument?

Answer 19

parliament passes statute called parent/enabling act and this delegates the law making power upon gov department or minister. outlines how legistlation should be drafted or proccessed (says in enabling act that duty for department to consult with experts in relevant fields)

Question 20

what are the 2 different procedures for statutory instruments ? (stated in enabling act)

Answer 20

negative (normal) and affirmative resolution procedure (rare)

Question 21

what is a negative resolution procedure?

Answer 21

once a statutory instrument is passed its presented to parliament and if after 40 days its not been objected, is permanent

if objections are made then will be debated by house of commons, lords or standing committee. may be approved or NR may be passed which makes it void

Question 22

whats affirmative resolution procedure? (rare)

Answer 22

if the SI is controversial, parliament will say in enabling act that affirmative resolution must be passed.
instrument must be voted and debated by one of the houses before becoming law. (within time limit)

Question 23

whats super-affirmative resolution procedure?

Answer 23

new procedure allows ministers to make changes to the SI within 60 days.
gives minister more power as it cannot be amended after being laid before parliament.

Question 24

what are the 6 needs for statutory interpretation?

Answer 24

• time
• technical expertise
• local knowledge
• consultation
• flexibility
• future needs

Question 25

time

Answer 25

parliament don t have time to ass 3000 statutes a year. mps dont have to spend time on simple routine issues and can focus on shaping laws

Question 26

technical expertise

Answer 26

requires complex and highly technical laws so god to have an expert in relevant fields.
impossible for mps to have relevant knowledge to draw up tehcnical laws in very area.

Question 27

local knowledge

Answer 27

eg parking regulations require local knowledge and health nd safety knowledge so experts can help shape laws on certain fields.

Question 28

consultation (eg. those mushroom fellas)

Answer 28

minister shave the benefit of further consultation before regultions are drawn up. enabling act states that interested parties must be consulted meaning laws are representative of everyone.

Question 29

flexibility

Answer 29

more flexible than an act of parliament and can be altered quickly as they odnt have to go through parliamentary process.
for an act of parliament to be removed another one needs to be made whereas DL can simply be removed