Delegated Legislation8️⃣

Question 1

Types of Delegated Legislation

Answer 1

1. Delegated Legislation is created when Parliament gives power to others through a Parent Act or Enabling Act, specifying what powers are delegated and to whom.
   
   2. Orders in Council: Made by the Queen and Privy Council, allowing laws to be made without Parliament’s involvement.
   3. Example of Orders in Council: Emergency Powers Act 1920, updating laws (e.g., cannabis reclassification under the Misuse of Drugs Act 1971).
   4. Statutory Instruments: Made by ministers/government departments to regulate areas within their responsibility.
   5. Example of Statutory Instruments: Police Codes of Practice, created under the Police and Criminal Evidence Act 1984.
   6. Bylaws: Made by local authorities or companies to address local matters (e.g., traffic control, parking, public behaviour).
   7. Example of Bylaws: Local Government Act 1972 (traffic), Dog (Fouling of Land) Act 1996 (poop scoop areas), and rules enforced by Transport for Greater Manchester.

Question 2

Parliamentary Controls on Delegated Legislation

Answer 2

Back:
1. Parliamentary Control: Parliament controls delegated legislation through the Parent Act, which outlines who can create laws, their scope, and the consultation process.
2. Amending/Repealing Parent Act: Parliament can amend or repeal the Parent Act, removing the right for others to make delegated legislation.
3. Affirmative Resolutions: Statutory instruments cannot become law unless specifically approved by Parliament.
4. Example of Affirmative Resolution: Amendments to the Codes of Practice under the Police and Criminal Evidence Act 1984.
5. Negative Resolutions: Statutory instruments automatically become law unless rejected by Parliament within 40 days.
6. Ministerial Questioning: Individual ministers can be questioned by MPs in the House of Commons regarding proposed delegated legislation.
7. Scrutiny Committees: The Joint Committee on Statutory Instruments reviews statutory instruments and highlights issues for further consideration by Parliament (e.g., tax charges or misuse of powers).

Question 3

Reasons for the Use of Delegated Legislation

Answer 3

1. Expert Knowledge: Some laws need detailed, complex rules that experts can provide.
   
   2. Who/How: Government ministers are often delegated power due to their expertise.
   3. Example: Police Codes of Practice under the Police and Criminal Evidence Act 1984, made by the Minister of Justice.
   4. Local Knowledge: Local authorities are often given powers to create laws based on local needs and conditions.
   5. Example: Bylaws for traffic control, parking restrictions, and ‘poop scoop’ areas created under the Local Government Act 1972 and Dog (Fouling of Land) Act 1996.
   6. Consultation Opportunity: Delegated legislation allows more consultation than the standard legislative process.
   7. Example: Consultation with police and lawyers before changes to the Code of Practice under the Police and Criminal Evidence Act 1984.
   8. Flexibility and Speed: Delegated legislation is more flexible and quicker to implement than full parliamentary law-making.