intro & types

• define delegated legislation

  a source of uk law made by bodies other than parliament but with the authority of parliament
• How is delegated legislation made?

  Parliament pass an enabling act/ parent act
• What is an enabling act/ parent act?

  A normal act of parliament which contains sections that delegate power to someone else
• Give an example of an enabling act

  Road traffic act 1988
• What are the provisions to regulations of this act?

  -Any power granted by this act upon the secretary of state to make regulations shall be exercisable by statutory instrument

  -Before making any regulations under this act the secretary of state must consult with such representative organisation he thinks fit
• What do the body creating delegated legislation have to do?

  Stay within the boundaries set by the enabling act
• What are the 2 types of power that can be given?

  Specific powers or general powers
• What are specific powers?

  Powers that only let you make limited change e.g. changing the curtains in a room
• What are general powers?

  Powers that let you make a wide range of dl e.g. changing the decoration of a room
• What happens if DL exceeds its boundaries?

  It can be challenged in court & deemed "ultra vires" (beyond it's powers)
• Is delegated legislation protected by parliamentary sovereignty the same way as primary legislation is?

  No
• Why do we need dl?

  - Complex or technical laws

  - Local knowledge

  - Time

  - Emergencies

  - Flexibility
• explain complex or technical laws

  The subject matter may require specific expertise
• explain local knowledge

  some issues need consideration at a local level
• give an example relating to local knowledge

  parliament gave power to local authorities to create "alcohol free zones" and they could choose where these should be
• explain time

  parliament is busy and some laws may be needed quickly
• explain emergencies

  during the summer parliament is in recess so dl means laws can still be made during this time
• explain flexibility

  dl can be quickly put into action and easily removed if problematic
• what are the 4 types of dl?

  - statutory instruments/ regulations

  - bylaws

  - orders in council

  - Welsh assembly orders and measures
• Who makes statutory instruments?

  Secretary of State for a government department
• who do statutory instruments apply to?

  Countrywide, and affect different aspects of life
• who did the road traffic act 1988 give power to?

  Minister of transport
• what did the minister of transport create with his power?

  Road vehicles (construction and use) regulations 2003
• what did this act do?

  banned use of mobile phones while driving
• approximately how many statutory instruments are passed every year?

  2000
• what are the scrutiny methods for statutory instruments?


  - affirmative resolution procedure

  - negative resolution procedure
• who are bylaws created by?

  - Statutory bodies

  - public corporations
• what is a statutory body?

  a body set up by law (statute)

  e.g. local authorities / councils
• what is a public corporation?

  market bodies controlled by central or local government
• what does a bylaw only effect?

  only effects the area of responsibility of the body creating the laws
• what is an example of statutory bodies?

  the uk civil aviation authority
• what can the uk civil aviation authority do?

  enforce rules about public behaviour on their premises
• what is an example of local authorities?

  cornwall council
• what can cornwall council do?

  pass bylaws affecting the county
• what are some examples of bylaws passed by cornwall council?

  Traffic control, parking restrictions, no alcohol zones, beach bans for dogs
• what is an example of public corporations?

  the london underground
• what bylaw did the london underground pass?

  enforced smoking ban 1984 & in 2008 alcohol ban
• who creates orders in council?

  His majesty's privy council
• how many members of the privy council are there currently?

  753
• who is the privy council made up of?

  The cabinet, leader of the opposition, senior judges etc.