Delegated Legislation

• Delegated Legislation: what is Delegated Legislation? 


  A source of UK law made by bodies other than Parliament, but with the authority of Parliament
• Delegated Legislation: what must parliament do in order to delegate power? 


  Parliament must pass an Enabling Act/Parent Act
• Delegated Legislation: what is an Enabling Act/Parent Act?


  A normal Act of Parliament, which contains sections that delegate power to someone else
• Delegated Legislation: give an example of an Enabling Act


  The Road Traffic Act 1988
• Delegated Legislation: If DL exceeds the boundaries set by the enabling act, what can it been deemed as in court if challenged?


  Ultra vires
• Delegated Legislation: define ultra vires


  ‘beyond its powers’
• Delegate legislation: why do we need DL?


  • Complex or Technical Laws
  • Local Knowledge
  • Time
  • Emergencies
  • Flexibility
• Delegate legislation: name the types of DL


  Statutory Instruments/Regulations

  Bylaws

  Orders in Council

  Welsh Assembly Orders and Measures
• Delegate legislation: who makes statutory instruments?


  the Secretary of State for a government department
• Delegate legislation: where do statutory instruments apply?


  Countrywide
• Delegate legislation: name an example of a statutory instrument


  Road Vehicles (Construction and Use) Regulations 2003 - bans phones while drving
• Delegate legislation: approximately how many statutory instruments are made each year?


  2000
• Delegate legislation: who creates Bylaws?


  • Statutory bodies e.g. Local authorities/councils
  • Public corporations
• Delegate legislation: name an example of a statutory body, who has the power to create Bylaws?


  The UK Civil Aviation Authority
• Delegate legislation: name an example of a local authority, who has the power to create Bylaws?


  Cornwall county council e.g Alcohol free zones
• Delegate legislation: name an example of a public corporation, who has the power to create Bylaws?


  London Underground
• Delegate legislation: where do Bylaws apply?



  Only affects the area of responsibility of the body creating law
• Delegate legislation: who issues Orders in Council?


  His Majesty’s Privy Council
• Delegate legislation: who is included in His Majesty’s Privy Council?


  Currently 753 (July 2024) members Including the cabinet, leader of the opposition, senior judges etc (key example of Fusion)
• Delegate legislation: which 2 Enabling acts allow Orders in Council?


  • Emergency Powers Act 1920

  • Civil Contingencies Act 2004
• Delegate legislation: where do Orders in Council apply?


  Countrywide
• Delegate legislation: what do Orders in Council concern?


  Minor alterations e.g. creating a new bank holiday

  Amend/update existing laws e.g. cannabis from Class C to B o Emergencies: Fuel Crisis 2000
• Delegate legislation: The Welsh Assembly makes Orders on what matters?


  health, education and agriculture.
• Delegate legislation: Where do Welsh Assembly Orders apply?


  Only to Wales
• Delegate legislation: give an example of a Welsh Assembly Orders?


  free prescriptions since April 2007
• Delegated legislation: what 2 bodies responsible for controlling the use of delegated legislation?


  Parliament and the Courts
• Delegated legislation: which body exercises control BEFORE the DL exists?

  Parliament
• Delegated legislation: which body exercises control AFTER the DL exists?



  Courts
• Delegated legislation: name the 5 parliamentary controls


  Wording of the enabling act

  Laying before Parliament

  Publishing

  Scrutiny committees

  Consultation requirements
• Delegated legislation: what does the Wording of Enabling Act set the boundaries of?


  who can make DL, what subject, what type of DL and whom it will affect. Can include need for the DL to be checked.
• Delegated legislation: give an example you can use for the wording of the enabling act


  Dangerous Dogs Act 1991 or the Road Traffic Act 1988
• Delegated legislation: what form of DL applies to laying before Parliament?


  statutory instruments
• Delegated legislation: what is Laying Before Parliament?


  When DL shown to Parliament - MPs/Lords can approve or disapprove within a certain time limit
• Delegated legislation: what are the 3 types of laying before parliament?


  Affirmative resolution procedure

  Super Affirmative resolution procedure

  Negative resolution procedure
• Delegated legislation: what is Affirmative resolution procedure?


  SI is formally approved by Parliament.
• Delegated legislation: what is super affirmative resolution procedure?


  Both houses get the opportunity to comment on the proposals and make ammmendments
• Delegated legislation: what is negative resolution procedure?


  SI is laid before parliament for 40 days. If it remains unchallenged then it automatically becomes law
• Delegated legislation: similar to laying before paliament, what happens to Bylaws?


  Once a bylaw is created it’s sent to a Secretary of State (Government Minister) to be approved
• Delegated legislation: what 2 types of DL must be published as soon as they are made according to the Statutory Instruments Act 1946?


  Statutory Instruments & Orders in Council
• Delegated legislation: after publishing where are S.I's and Orders in Coucils placed?


  in the libraries of the House of Commons and Lords for the purposes of affirmative or negative resolution.