Delegated Legislation: Types of DL

Question 1

What are the types of DL?

Answer 1

Orders in Council
By - Laws
Statutory Instruments

Question 2

What is DL?

Answer 2

Laws that are made by someone else other than Parliament
Given authority by Parliament to make the laws

Question 3

Where is the authority laid out?

Answer 3

In the Parent Act known as the Enabling Act

Question 4

What is the Enabling Act?

Answer 4

Sets out the framework of their power

Question 5

What are orders in council?

Answer 5

Drafted by the Gov Depts and approved by the King and Privy Council

Question 6

Who is the privy council made up of?

Answer 6

Prime Minister
Other senior politicians

Question 7

What are orders in council used for?

Answer 7

Transfer powers to the devolved assemblies in Scotland and Wales in 1999

Question 8

When are orders in council used?

Answer 8

In times of emergency or when Parliament are not sitting
Time of war
Summer recess

Question 9

What were orders in council used for historically?

Answer 9

To pass EU law

Question 10

What is an example of when orders in council was used?

Answer 10

Misuse of drugs act 1971 changed the Cannabis classification from B to C to B

Question 11

What are by-laws?

Answer 11

Made by local authorities, given power by Parliament to make laws which affect local matters and control their local area

Question 12

What is the Act which by-laws are mostly created under?

Answer 12

Local Gov Act 1972

Question 13

Who must by-laws be confirmed by?

Answer 13

Relevant secretary of state

Question 14

Who else can make by-laws?

Answer 14

Public corporations/companies
Controlled by gov on matters within their local area

Question 15

What are some examples of by laws?

Answer 15

Penalties for dog fouling on pavements - Local authority
Fines for smoking on bus - public corporation/company

Question 16

What are statutory instruments?

Answer 16

Made by Gov Depts
Power given to minister who heads a particular dept

Question 17

What are SI known as?

Answer 17

Regulations

Question 18

What are SI’s?

Answer 18

National in effect

Question 19

Where is the power to make SI’s outlined?

Answer 19

In the Enabling Act

Question 20

What do SI’s allow?

Answer 20

For future changes to be made to an Act of Parliament

Question 21

What is an example of SI?

Answer 21

DDA 1991 - more breeds of dogs added later by the Home Secretary

Question 22

What are some examples of depts who create SI?

Answer 22

Dept for Education