Delegated Legislation Date: Friday, 21 September 2018 Delegated Legislation Learning Objectives Understand what is meant by delegated legislation & describe how it is made TIF: How does delegated legislation link with Parliamentary Supremacy? Specification Link Statutory Instruments: Orders in Council, By laws, Reasons for delegating Starter: What do we mean by the term ‘delegation’ in layman’s terms? (non-legal terms). Try to describe the word to your partner as concisely as you can. TIF – what do you think it means in law? 15

Definition Verb delegate – pass power Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power. It is also known as secondary legislation If this is secondary legislation what is primary legislation? Is it important to know if legislation is primary or secondary? If so, why? Verb delegate – pass power Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power. 2 2

Who should make laws dealing with each problem and why? The pressure group ‘Clacton Against Wind Farms’ are threatening to destroy all forms and sources of alternative power. A majority of all society wants to ban membership as an aid to stopping them. Clacton-on-Sea wants to make the whole town centre alcohol free, as after chucking out time there are far too many fights 3

Key Terms Delegated Legislation – law made by some person or body other than Parliament, but with the authority of Parliament. Enabling Act/Parent Act – the Act of Parliament that delegates authority to others and creates the framework 4

Why? Take a look at the images and see if you can think of the three main reasons why delegated legislation may be necessary Most laws made by Parliament are just legal frameworks Often laws require more detailed provision Parliament does not always have enough time or expertise to do so Parliament has limited debate time and has to hold government to account 5 5

Reasons for detailed law For a specific geographical location (requires local specialist knowledge) Technical matters (health or agriculture) require more specialist knowledge An emergency or new situation may require new law quickly – if speed is important then the Parliamentary Process (as seen in our previous unit) is not quick enough Most laws made by Parliament are just legal frameworks Often laws require more detailed provision Parliament does not always have enough time or expertise to do so Parliament has limited debate time and has to hold government to account 6 6

Order in Council Bylaw Statutory Instrument Parliament passes an Enabling Act (or Parent Act) This Act gives the right to create one of the following types of delegated legislation Order in Council Made by Privy Council Bylaw Made by local authorities Statutory Instrument Made by government minister

Read through the information on the sheet. Underline any key terms. Circle any cases. Complete the table Plan out the exam question TIF: What are the advantages and disadvantages of delegated legislation?

Think back to our reasons for DL Power is generally delegated on the basis of knowledge If a local authority is given power they will have the required local knowledge Very specialised or technical knowledge is given to Government Minister (i.e. the ban on smoking in public places) If given to a particular body (like a train company) it will be for the provision of setting fares etc 9 9