Delegated legislation

• What is the definition of delegated legislation?

  A source of UK law made by bodies other than Parliament
• Why is delegated legislation necessary?

  It allows for specialized law-making by experts
• What are the four types of delegated legislation?

  • Statutory Instruments
  • Bylaws
  • Orders in Council
  • Welsh Assembly Orders and Measures
• What is an Enabling Act?

  A normal Act that delegates power
• What does AV Dicey’s theory state about Parliament?

  Parliament has theoretically unlimited powers to legislate
• What is an example of an Enabling Act?

  Road Traffic Act 1988
• How must the body creating delegated legislation operate?

  Within the boundaries set by the Enabling Act
• What happens if delegated legislation exceeds its boundaries?

  It can be challenged in court as ultra vires
• How does delegated legislation differ from primary legislation?

  DL is not protected by Parliamentary Sovereignty
• Why do we need delegated legislation for complex laws?

  It requires specific expertise for effective law-making
• How does local knowledge justify the need for delegated legislation?

  Local authorities can address specific community issues
• Why is time a factor in the need for delegated legislation?

  Parliament is busy and needs timely law-making
• How does delegated legislation help during emergencies?

  It allows laws to be made when Parliament is in recess
• What is a key advantage of delegated legislation regarding flexibility?

  It can be quickly enacted and revoked if needed
• What are the types of delegated legislation?

  • Statutory Instruments
  • Bylaws
  • Orders in Council
  • Welsh Assembly Orders and Measures
• How many statutory instruments are passed each year?

  Approximately 2000
• Who makes statutory instruments?

  The Secretary of State for a government department
• Where do statutory instruments apply?

  Countrywide and affect many aspects of life
• What is an example of a statutory instrument?

  Road Vehicles (Construction and Use) Regulations 2003
• What should you never call a statutory instrument?

  Bylaw
• Who creates bylaws?

  Statutory bodies and public corporations
• What is the effect of bylaws?

  They only affect the area of responsibility of the body
• What is an example of a bylaw created by a local authority?

  Traffic control or parking restrictions
• What is the role of Orders in Council?

  Issued by the Privy Council with Monarch's approval
• What are two Enabling Acts for Orders in Council?

  Emergency Powers Act 1920 and Civil Contingencies Act 2004
• What is a significant example of an Order in Council during an emergency?

  Army clearing access to fuel depots in 2000
• What was the response to the Foot and Mouth outbreak in 2001?

  The army culled animals within a 5-mile radius
• What are the controls over delegated legislation operated by Parliament and the Courts?

  • Parliament controls before DL exists
  • Courts can challenge DL as ultra vires
• What is the main limitation of Parliament's control over delegated legislation?

  They cannot intervene often without defeating its purpose
• What is the role of the Courts in controlling delegated legislation?

  To challenge DL that exceeds its powers

  
• What is the significance of the Welsh Assembly in terms of delegated legislation?

  It makes laws specific to Wales
• What is an example of a law made by the Welsh Assembly?

  Free prescriptions since April 2007
• What are potential exam questions related to delegated legislation?

  • Explain three types of delegated legislation
  • Explain the need for delegated legislation
  • Explain advantages and disadvantages of DL
  • Explain methods of controlling DL
  • Describe controls operated by Parliament and Courts
  • Discuss effectiveness of controls over DL

  
• What are the three types of delegated legislation?

  Statutory Instruments, Bylaws, Orders in Council
• Why is delegated legislation needed?

  To allow detailed rules without frequent Parliament intervention
• What are the advantages of delegated legislation?

  Efficiency, expertise, and flexibility in law-making
• What are the disadvantages of delegated legislation?

  Potential for abuse, lack of scrutiny, and complexity
• What are the methods of controlling delegated legislation?

  Parliamentary and court controls
• How does Parliament control delegated legislation?

  Parliament controls it before it exists
• How do the Courts control delegated legislation?

  Courts control it after it exists