1. Delegated Legislation
Types of Delegated Legislation

2. Starter – Legislation True or False
Consider each of the following statements and decide whether they are true or false. Explain your answer.
The government Introduces a private members' bill when it wishes to change something.
The government Introduces a public bill when It wishes to change something.
An Act of Parliament Is also known as legislation.
A Green Paper Is a draft bill that will enter Parliament.
The first reading Is when a bill Is announced to the House of Commons or the House of Lords.
The report stage comes before the committee stage.
A White Paper Is a consultative document from which a Green Paper will be drafted.
The committee stage Involves a small group of MPs looking at the bill In detail.
In the House of Lords, the bill follows the process of first reading, committee stage and report stage.
If the House of Lords wishes to make an amendment, the bill must be returned to the House of Commons.

3. Starter – Legislation True or False Answers
False. A private members' bill Is Introduced by an Individual MP.
True. A public bill often relates to the country as a whole.
True. An Act of Parliament can also be referred to as legislation or statute.
False. A Green Paper Is a consultation paper. A White Paper often suggests a draft bill that may be adopted and subsequently enter Parliament
True. The first reading acts as an announcement that a bill has entered Parliament
False. The committee stage Is where a small group of M Ps considers the bill In detail; It will report back to the House at the report stage.
False. A White Paper Is a precursor to the legislation that will enter Parliament
True. The committee consists of a cross-party group of MPs.
False. The bill follows a first reading, second reading, committee stage, report stage and a third reading In the House of Lords.
True. The bill must be returned to the House of Commons for further consideration If the House of Lords makes an amendment The House of Commons Is where the elected representatives sit, whereas the House of Lords Is not elected.

4. Objectives
Describe what the three main types of delegated legislation are
Explain how these three types of legislation work
Apply the three main types of delegated legislation to real life law

5. Key Terms and Case Law Orders in Council Privy Council
Statutory Instruments
By-Laws

6. Orders in Council
Historically, monarch used to rule country through Privy Council
As Crown’s powers diminished so to did the Privy Council’s
One remaining function is to make orders in council
Drafted by Government given formal approval by Queen and Privy Council
420 members of Privy Council
Only three or four Government Ministers attend meetings at which orders are made

7. Orders in Council - Membership
All current and former Government Ministers
Senior Politicians (e.g. leading members of opposition parties)
Members of the Royal Family
Two Archbishops
Senior Judges
British Ambassador
Leading individuals of Commonwealth
Appointment made by Queen and is for life

8. Orders in Council - Useage
Transferring responsibilities between Government departments or to Devolved Governments (e.g. Scotland Act Orders)
Dissolving Parliament before election
Bringing an Act of Parliament into force
Compliance with EU directives Consumer Protection Act 1987
Dealing with Foreign Affairs - (Afghanistan (UN Sanctions) Order 2001
National emergency when Parliament is not sitting – for examples see after 9/11

9. Statutory Instruments
Laws made by a Government Minister under the authority of the enabling Act in area of their responsibility
Drafted by legal department of the relevant Governmental department
Often used to update a law (i.e. to change fine levels for a criminal offence)
Sometimes wider powers given to fill in detail when it is too complex to go into the original act
Often referred to as regulations or orders

10. Statutory Instruments
Often made inform of commencement orders
These specify when an Act must come into force – see example of Railways Act
May be several Commencement Orders made in respect of same Act
Town and Country Planning Act 1971 – 75 Commencement Orders
No limit on time so sometimes never get brought in e.g Easter Act 1928

11. Statutory Instruments
Law made to comply with EU is normally made by Statutory Instrument
E.g Unfair Terms in Consumer Contracts Regulations 1999 – to comply with Unfair Terms in Consumer Contracts Directive 1993
Provides extra protection to consumers
Large volume of law made this way
Enforced in Courts and are just as much part of law
Some to whole of UK others to constitute parts

12. Bye-laws Made by Local Authorities or public corporations companies
Must be ‘confirmed’ by the relevant Minister
Enforceable in courts
Local Authorities make laws to apply in their own geographic area
County council – for whole county and town council for town
E.g. drinking in public and dog fouling

14. Bye-laws
In respect of Dog fouling is the Dogs (Fouling of Land) Act 1996
In this a council can designate land as a poop scoop area and if not a fine will be due
Authority is given in many Acts of Parliament
Many are made under authority of Local Government Act 1972
i.e. drinking alcohol, skateboarding
Most punishable with a fine
Normally displayed on lampposts

15. Bye-laws Public bodies and some corporations are authorised
Railways Act 1993 railway companies can make laws
Boddington v British Transport Police (1998) was a case in which a man was fined for smoking on a train

16. Task
Look at these pictures and answer the questions on the next slide:

17. Questions
Kirkby Lonsdale is a very pleasant little town on the edge of the Dales National Park. The main attraction is the river, especially good for picnics, Salmon fishing and sub aqua training. The drop to the water is about 60 feet. The depth of water underneath the bridge varies from inches to about thirty feet.
What type of delegated law is this an example of?
What kind of law has it created?
Who passed this law?
Can you name the actual enabling Act?
Is it well drafted?
What might be a reasonable excuse?
How and where could this law be challenged?
Which Government Minister would be responsible for this law?
Why was this not passed by Parliament?

18. Plenary – complete this table
Type of delegated legislation. Who makes it?
In what circumstances is it used?
Examples
Orders in Council. Made by Queen and Privy Council
Statutory Instruments. Made by Government Ministers
By-laws. Made by local authorities and public corporations or companies

19. Plenary – complete this table
Type of delegated legislation. Who makes it?
In what circumstances is it used?
Examples
Orders in Council. Made by Queen and Privy Council
To transfer responsibilities between Government departments.
To dissolve Parliament.
To bring acts of Parliament into force.
To comply with European Directives
To deal with Foreign Affairs
To deal with National emergencies
National Assembly of Wales (Transfer of Functions) Order 1999
Consumer protection Act 1987 (Product Liability) (Modification) Order 2000
Afghanistan (United Nations Sanctions) Order 2001
Terrorism (United Nations Measures) Order 2001
Statutory Instruments. Made by Government Ministers
To update an act of Parliament
To bring an act or part of an Act into force – a commencement order.
To comply with directives from the European Union
To increase the amount of a fine or the amount of the national minimum wage
Railways Act 2005 Commencement Order
Sale and Regulation of Goods to Consumers Regulations 2002
By-laws. Made by local authorities and public corporations or companies
To make laws for the good government of local issues
To make laws regulating the behaviour of the public on property belonging to a public body or company
By-Laws made under the Dogs (Fouling of Land) Act 1996
By-Laws restricting smoking on trains and stations (Boddington v BTP 1998)

20. Objectives
Describe what the three main types of delegated legislation are
Explain how these three types of legislation work
Apply the three main types of delegated legislation to real life law