Delegated legislation

• What does the pre-legislative process consist of?

  It consists of the steps taken before a bill is introduced in Parliament.
• What happens at the first reading of a bill?

  The bill is introduced, and its title is read out, but there is no debate.
• When was Royal Assent last refused?

  Royal Assent was last refused in 1708 by Queen Anne.
• What is ping pong in the context of law making?

  Ping pong refers to the process of a bill being sent back and forth between the House of Commons and the House of Lords.
• When does an Act of Parliament come into effect?

  An Act of Parliament comes into effect on the date specified in the Act or, if no date is specified, 28 days after receiving Royal Assent.
• What are Government Bills?

  Government Bills are bills introduced by the government.
• Name four other types of bill besides Government Bills.

  Private Members' Bills, Private Bills, Hybrid Bills, and Money Bills.
• What happens at the committee stage of a bill?

  The bill is examined in detail, and amendments can be made.
• What is the name of the consultation document produced by the Government?

  It is called a Green Paper.
• What are the two ways an individual MP can introduce a bill?

  An individual MP can introduce a bill through a Private Members' Bill or by presenting it during a debate.
• What happens at the second reading of a bill?

  The general principles of the bill are debated, and a vote is taken.
• What are the advantages and disadvantages of the law-making process?

  Advantages:

  • Allows for detailed scrutiny of legislation.
  • Provides a structured process for law-making.

  
  

  Disadvantages:

  • Can be time-consuming.
  • May lead to delays in passing necessary laws.
• How is power to make law delegated?

  Power is delegated from Parliament to other bodies and organizations to create laws for specific purposes.
• What is delegated legislation?

  • Law made by bodies other than Parliament.
  • Authority awarded by Parliament.
  • Governed by an enabling Act.
• What is the purpose of an enabling Act?

  An enabling Act provides the framework for delegated legislation and grants authority to make detailed laws.
• Why might Parliament need to delegate power?

  Parliament may delegate power due to time constraints, local knowledge, expertise, and emergencies.
• Who can powers be delegated to?

  Powers can be delegated to government departments, public organizations, and local authorities.
• What are the three types of delegated legislation?

  1. Orders in Council
  2. Statutory Instruments
  3. By-laws
• What are Orders in Council?

  Orders in Council are laws made by the King and Privy Council, often in emergencies when Parliament is not sitting.
• What is the Emergency Powers Act 1920?

  The Emergency Powers Act 1920 provides the authority for the Council to create emergency laws.
• Give an example of an Order in Council.

  An example is the law made during the foot and mouth crisis to limit the spread of the disease.
• What are Statutory Instruments?

  Statutory Instruments are rules and regulations made by government ministers under the authority of an enabling Act.
• What is the purpose of By-laws?

  By-laws are laws created by local authorities to regulate matters within their own areas.
• What is the Local Government Act 1972?

  The Local Government Act 1972 grants local authorities the power to create By-laws.
• What controls are in place for delegated legislation by Parliament?

  • Parent Act: Initial control over powers delegated.
  • Affirmative Resolution Procedure: Requires approval before becoming law.
  • Negative Resolution Procedure: Can be annulled if not approved.
  • Scrutiny by Committees: Detailed examination of legislation.
  • Questioning of government ministers: Accountability for delegated legislation.
• What is the role of Parliament in controlling delegated legislation?

  Parliament exercises control over delegated legislation to ensure accountability and adherence to the law.
• What is the significance of the scrutiny by committees in the context of delegated legislation?

  Scrutiny by committees allows for detailed examination and oversight of delegated legislation.
• How does questioning of government ministers contribute to the control of delegated legislation?

  Questioning of government ministers holds them accountable for the delegated legislation they oversee.
• What type of delegated legislation is needed to ban the use of skateboards in a city centre?

  By law
• What type of delegated legislation is required to give effect to a European Directive?

  Order in Council
• What type of delegated legislation is used to transfer responsibility between government departments?

  Order in Council
• What type of delegated legislation is needed to remove a ‘burden’ from an existing Act of Parliament?

  Statutory Instrument
• What type of delegated legislation is used to implement the provisions in an Act of Parliament?

  Statutory Instrument
• What type of delegated legislation is made during a time of emergency?

  Order in Council
• What type of delegated legislation allows a bus company to fine people who smoke on the bus?

  By law
• What are the controls by Parliament over delegated legislation?

  • Parent Act
  • Affirmative Resolution Procedure
  • Negative Resolution Procedure
  • Scrutiny by Committees
  • Questioning of government ministers
• What does the Parent Act do in relation to delegated legislation?

  It sets out the limits within which any delegated legislation can be made.
• How can Parliament repeal the powers granted in the enabling Act?

  Parliament can repeal the powers at any time, ceasing the right to make legislation.
• What is the role of parliamentary committees in controlling delegated legislation?

  They scrutinise delegated legislation to ensure it has been made appropriately.
• What is an affirmative resolution in the context of statutory instruments?

  It means the statutory instrument is not law unless specifically approved by Parliament.