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Delegated Legislation

Delegated Legislation. Specification Link Statutory Instruments; Orders in Council; By-laws (Local Authority and other bodies). Reasons for delegating powers. Learning Objectives Describe what is meant by the term delegated legislation Describe how delegated legislation in general is made

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Delegated Legislation

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  1. Delegated Legislation Specification Link Statutory Instruments; Orders in Council; By-laws (Local Authority and other bodies). Reasons for delegating powers. Learning Objectives Describe what is meant by the term delegated legislation Describe how delegated legislation in general is made Explain the structure of the Parent Act S&C: How does delegated legislation link with Parliamentary Supremacy?

  2. Starter Clacton-on-Sea wants to make the whole town centre alcohol free, as after chucking out time there are far too many fights 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. What are the law making implications of the following two scenarios? Who should make laws dealing with each problem and why? 2

  3. Key Terms Read the intro in the orange box on p.34 to determine what these key terms mean Delegated Legislation Enabling Act Parent Act 3

  4. Delegation What does the term ‘Delegation’ or ‘To Delegate’ mean in everyday English? What do you think it means in the context of legislation/law? 4

  5. Definition 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. It is also known as secondary legislation 5

  6. Reasons for detailed law Take a look at the images and see if you can think of the three main reasons why delegated legislation may be necessary 6

  7. Reasons for detailed law • 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 For a specific geographical location (requires local specialist knowledge) 7

  8. The Parent (or Enabling Act) • Parent legislation outlines framework of new law In order to delegate you need a Parent Act This is also known as an Enabling Act (or Primary legislation) Parliament gives authority to others to make law. This other law is known as Secondary Legislation The Parent Act enables further law to be made under this authority The Power is in your hands 8

  9. And some examples …. • Each of the Acts below is an example of a Parent Act. Can you deduce: • Who does the Parent Act give a delegated power to? • What is the power? Clean Neighbourhoods and Environment Act 2005 The Dangerous Dogs Act 1991 gives powers to the Home Secretary to add new breeds of dogs to the Dangerous Dogs list Health Act 2006 Misuse of Drugs Act 1971 Police and Criminal Evidence Act 1984 9

  10. Parent Act - Mechanics Examine your copy of Part 6 Chapter 1 of the Clean Neighbourhoods and Environment Act 2005 Identify the authority to delegate and to whom that authority is delegated. What precise power has been delegated under this Act in respect of dogs. Is there a procedure to go through before the secondary legislation can be implemented? Why has this power been delegated? 10

  11. Think back to our reasons for DL Power is generally delegated on the basis of 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 If a local authority is given power they will have the required local knowledge 11

  12. The Three Main Types Orders in Council Statutory Instruments Bye Laws 12

  13. What have we learnt? Take a look at the legislation on your desks. (The Consumer Protection Act 1987) It is a piece of primary legislation and is an enabling (parent) Act Highlight from the given pages where you think it is a delegated authority and to whom. What is the purpose of this Act? Is there any process the delegated authority has to go through to enact secondary legislation? 13

  14. Objectives Look at each of the objectives and then colour code yourself for each of them. Red – I don’t get it. I need some help understanding Amber – I think I understand but I need a little support Green – I understand and can try to help others who are not so clear Describewhat is meant by the term delegated legislation Describehow delegated legislation in general is made Explainthe structure of the Parent Act 14

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