Dl 2012 13

Anewtopic...Anewchallenge
What’swrongwiththispicture?

The purpose of today’s
lesson is to be able to
explain how this picture
relates to the topic, and
helps to control law.

The next topic:
Delegated Legislation
Definition: This is where the power to make laws for a specific
purpose is delegated to a body other than Parliament.
It is also known as secondary legislation.
...so what does that mean
primary legislation is?
...why might it be important
to know whether legislation
is primary or secondary?
Develop your
understanding
Why do we need a second
form of legislation?
...Dunstable wants to make the
whole town one way, as people
keep getting knocked down.
... The group Dunstable or Die are
threatening to destroy all
competing towns, and the Home
Secretary wants to ban
membership to stop them.

So what do we need to give away this
power?
We need a primary act of legislation, known as parent or enabling Act
Applying your understanding:
Each of the Acts is an example of a Parent Act. Can you guess:
1. Who is gives the power to.
2. What that power is.
Criminal Justice and
Police Act 2001
Example:
Dangerous Dogs Act 1991 gives powers
to the Home Secretary to add new breeds
to the Dangerous Dogs list.
Misuse of Drugs
Act 1971
PACE 1984

Can you think of an
example we’ve
already met on the
AS Level?
There are three types of DL*
A law covering a specific
area, or ex-nationalised
companies.
By Law
*well, there’s actually a fourth to come later!
A rule or regulation put
forward by the relevant
minister
Statutory InstrumentA law passed in emergency,
or under the Queen’s old
powers (‘perogative’)
Orders in Council

What’s the word?
By-Law
Parent Act Order in Council
Challenge: Too easy? Which is the odd one out and why?
Y
Statutory Instrument

Student Task:
Each table has a pack of information.
Using the information, can you complete p.3, to
explain, illustrate and evaluate the three types of
delegated legislation we will look at?
Applying and extending
your knowledge
Hint: You will
find two
examples of
each.
... Oh, and don’t
be taken in by
all the
headings!
Who does this give power to
create law to?
E
Where do they get the power
from?
(This means the Parent Act)
D
What powers are they given?
Give some specific examples
C
What controls (if any) can you
spot on the passing of this DL?
B
Why do you think that the
body was given the powers
rather than Parliament
generally?
A

Alittlemoreinformation...
ByLaws
Example One:
Example Two:
Local Government Act 1972
Example Three:
Boddington v British
Transport Police 1998
How do they become law?
How do we let people know that they
apply?
How do we stop Dunstable Town Council
from making all 16 year olds wear onesies?

Example One:
R (Bancoult) v Secretary of State
for Foreign and Commonwealth
Affairs (2006)
Student Task:
At the back of your handout, you will find a copy
of this article. Read it and answer the following
questions:
What were the facts of the situation?
Which court handed down the verdict?
When will the judgment come into effect?
What problems with Orders in Council can you
spot?
What powers does the court have?
Orders in Council
Example Two:
Emergency Powers Act 1920
European Communities Act 1972
These give power to:
Example Three:
Misuse of Drugs Act 1971 s.2

Err...
Just one last
word on
Chagos...

Secondary or Primary?
You are going to see 9 statements.
Which type of legislation do they refer to?
Careful: you only have 10 seconds per statement!*
*Lollipops require excellence!
Can be over 3000 a
year!
Are proposed by a
minister
Can be amended by
Parliament before
becoming law
Involves lamposts
Can be created by a
minister
Can become law even
when Parliament isn’t
there
Can be challenged in
the court
Controls the
powers.
Can have lots of
babies!

Timetable Tweak
12C
From Thursday Week A p.6
to Friday Week B p.2
12B
From Tuesday Week A p.4 to
Monday Week B p.3

StatutoryInstruments(SIs)
Example One:
Dangerous Dogs Act 1991
Example Two:
PACE 1984
Example Three:
Higher Education Act 2004
s. 24 & 47
These give powers to individual minister to make certain rules or regulations within their areas.
How do they become law?
How do we make sure that the minister doesn’t just do what he wants?
affirmative negative
What’s Parliament’s input into this?

A final type of delegated legislation... The destruction of democracy:
Legislative and Regulatory Reform Act 2006
So what does the Act do?
This allows a minister to ‘read in’ delegated to
powers into any act of Parliament even if they
were not there to start with.
Limitations:
They can only be ‘read in’ if they would
reduce a burden
They must be passed using the
super-affirmative resolution
The minister must consult affected parties
Student
evaluation:
Is the introduction of
these new powers
justified? Why might
some people call this
the end of democracy?
What steps has the
government taken to
provide controls? Are
they sufficient?

An example:
I have a pet tiger!
Under the Dangerous Wild
Animals Act 1976, I need a licence
to have one and furthermore I must be
inspected again if I lose my licence and
need a new one, or if I want to get a
second pet tiger
Minister for the Environment thinks that
is too much, but has no delegated
powers under the act to change this
As he wants to remove inspections, he
says that this is removing a burden and
so issues an LRO, reading in powers to
the earlier Act
Parliament decides that the LRO should
be passed using the superaffirmative
procedure, rather than the affirmative
60 days, and 2 votes later…It’s Law!

Applying your knowledge
Source:
Delegated legislation is the description
given to the vast body of orders in
council, statutory instruments and
bylaws created by subordinate bodies
under specific powers delegated to
those bodies by Parliament. The need for
delegated legislation is that it enables
regulations to be made and altered
quickly. The powers delegated are
frequently defined in the widest terms.
An example is the Human Rights Act
which empowers a minister to make such
amendments to legislation, or
subordinate legislation, as he considers
appropriate in order to remove
incompatibility with the European
Convention on Human Rights.
Adapted from 'Walker & Walker's English Legal
System', R. Ward 8th Edition, Butterworths.
b) Identify and explain the most suitable type
of delegated legislation to implement law in
the following situations:
(i) To implement a European Union
Directive quickly when Parliament is not
sitting. [5]
(ii) To allow a government department to
issue regulations on education. [5]
(iii) For a train company (a public
corporation) to implement a ban on the use
of mobile phones by passengers. [5]
15
5
10
Decision Because Illustration ,
example
AORP

Self-Mark
i ii iii
Level Four
5
Credit reference to any
relevant case or a link to
the source.
the source
the source.
Level Three
4
Level Two
3
Explain the power was
given via the European
Communities Act
Explain that government
ministers introduce
particular regulations
under powers delegated
to them by Parliament in
enabling legislation
Bylaws can be made by
local authorities or public
corporations.
Level One
1-2
recognise the most
suitable type would be
an Order in
Council.
recognise the most
Statutory Instruments
recognise the most
Bylaws

WhydoweneedDL?
Well, it lets them add technical
detail, e.g. the level of fine, without
having to pass a new act each time
They can also use them flesh out the
law in more detail, because Parliament is
not quite bright enough, or expert
enough, to describe it accurately e.g.
pension calculations
Finally, they can use this method to
update the law more easily e.g.
changing the classification of
Cannabis
They can use the expertise of
people who know better than them!
E.g. computer regulations,
environmental standards, local
councils.
It is more flexible than primary
statutes. It can be altered to suit
changing circumstances
It is quick to bring in, which
means that emergencies can be
responded to quickly
Prevents Parliamentary timetable from being overloaded by allowing them to
focus on the big picture e.g. the aims and scope of the Act, rather than the
minute detail.
It allows for further
consultation with affected
parties
1. Go back through and add an explanation or example to at least four
reasons
2. Discuss some of the problems associated with delegated legislation.
All of you must identify three problems.
Most of you will be able to explain why they are problems
Some of you will be able to discuss why they are not too terrible a problem
through the introduction of a counter argument.
Student Tasks:

Plenary:
How well have you understood?
Discuss one problem with delegated legislation
Explain one reason we might need delegated
legislation
Describe what is meant by a legislative reform order
Explain what is meant by a parent act
Identify the three types of delegated legislation
A
B
C
D
E

So, can you explain how this
picture relates to the topic,
and helps to control law?

Who or what am I?
Below there are five descriptions which will appear. As soon as you recognise who or
what is being described...
Put it on your whiteboard!
(the earlier... The more points )
1. I am more common than you think
2. I claim to work for the Queen
3. I am great at moving people
4. I’m a good contact in an Emergency
5. I can also bother about substances.
1. I am very powerful.
2. I control delegated legislation
3. I am not married but have lots of children.
4. I am much, much slower than my children
5. I decide who has the power and what they
have the power to do
1. I am very common.
2. I am made by many different organisations.
3. I apply to specific places or areas
4. I am often published on lamposts
5. I am in the Local Government Act 1972
1. I am very common.
2. I am made by many different people but they
must have a specific responsibility for me.
3. I am also known as a regulation
4. I am in the Dangerous Dogs Act
5. There are over 3000 a year.
1. I am more European than I sound.
2. I can tell you what drugs are what
3. I like working when others aren’t around
4. I’m useful if your feet and mouths are
bothering you
5. I’m made up of many ministers.

What controls are there in this section of the
Dangerous Dogs Act 1991?
What are the limits on his powers?
Who else must they consult?
What is the role of Parliament in creating the SI?
How effective do you think these controls are?

ControlsonDL
Consultation Publication
“General”

Parliamentary Controls
Ask a Question!
Affirmative Resolution
Negative Resolution
Scrutiny Committees
in HL
The Parent Act itself
Approval for By laws
Revocation or further legislation

Judicial Controls:
Judicial Review
This is where someone who is directly affected by the law challenges its legality in
the courts. Unlike Primary legislation, the courts can set aside DL if they wish.
What is it?
To bring a judicial review, you must have locus standii.
Gillick v West Norfolk AHA (1986)
Why did Mrs Gillick have standing?
Would she have had standing if she had only
sons?
Who can bring it?

There are two(ish) types of
Judicial Review
Procedural
Don’t follow the rules
Aylesbury Mushrooms
Substantive
Try to do something you don’t have the
power to do!
Secretary of State
for Education (ex
parte NUT)
R v Jobcentre Plus
(ex parte Ann
Summers) 2003*
*IS task for this week

... and Wedensbury unreasonableness
Associated Picture House v Wednesbury Corporation 1948
The local council banned all children under fourteen from going to
the cinema on Sundays. The Sunday Entertainment Act 1932, allowed
local councils to pass by-laws controlling public entertainment venues.
The cinema sought judicial review saying that the council had gone
beyond it’s powers in passing the by-law.
1. Parent Act?
2. Type of DL?
3. Who did it give power to?
4. What did they do with this power?
5. Why was it not substantive or procedural?
6. What was the outcome?
Student task:
Read the summary of the case and complete the task below

Starter:
Each of the following illustrates a case or phrase
associated with DL... What are they?
1 2 3
4
5
6
7
8
9
10

Recapping those Controls.
On the cards, you have 12 controls
.
1. Match them to their description
2. Sort them into the three types of control.
Hint: these are not right!
Joint
Committee
House of Lords
committee who
look at delegated
powers in a
proposed bill

Are the controls really effective at
controlling anything?
Example:
Publication
Need some more guidance?
Can you start by explaining why it is effective?
 Can you expand on your point? Explain how an example supports your
argument, or give another reason
Can you counter that argument? Why might it not be so effective?
Can you support and explain your counter argument?
Think about it as two bullet points per box
Exam tip: try to include something from each set of controls!

But did you
really get it?!
You all seem a little unclear on
one of the areas, so let’s look at
all of them!
Using your notes and
understanding, complete the
revision sheet to give you an
overview of the topic!

Dominoes:
Can you make the triangles happy?
Create the big triangle by matching the questions and answers on the little triangles in front of you!

Developing your AO2
Disadvantages of DL
Volume
Sub-delegation
Difficult to
Understand
Scrutiny
Democratic
Accountability
You will need to be able to explain why and
illustrate each of them
Finally... If you are going for TOP marks
Why might they not be as big an disadvantage as
they appear?

Finally:
How ‘rich’ is your knowledge of the last two units?

End of Unit
Test: Ci
This time, we’re going to do it a bit
differently. We are going to complete the
sections of the paper, as they are taught!
With reference to sources A and B
and using your knowledge of
delegated legislation:
Describe the three different types
of delegated legislation. 12
Basics:
AO?
What does this mean your
answer should include?
What will you include?
What help is there in the
source(s)?

Intro:
Main Area/ Point/
Subheading
Means? Description of each Example(s) or
origin(s)
Other information
Conclusion
Describe the three different types of delegated legislation [15]
Hint One:
It might be one box... But
it’s going to need more than
one point!
Hint Two:
Examples need to be more
than a statement!
Hint Three:
You must include
at least one LTS

Chocolate Easter Egg (Selling and Manufacture) Act 2012
This is an Act to provide for the regulation of the selling of chocolate Easter eggs during the winter months
and limit the manufacture and selling of such products until the Spring.
On your sheet you have a number of
tasks based on this Act.
All of them are intended to check your
understanding of Delegated Legislation.
Applying your knowledge

Can you tell the bad from the good?
Divide them into advantages and disadvantages of DL

End of Unit
Test: Cii
This is the difficult one!
With reference to sources A and B
and using your knowledge of
delegated legislation:
Discuss the disadvantages and
advantages of delegated legislation.
Basics:
AO?
What does this mean your
answer should include?
What will you include?
What help is there in the
source(s)?

Introduction
Main Point Because Illustration/ And However... because LTS
Fast
It allows a quick
response to new threats
or emergencies and so
protect the public more
effectively.
Terrorism Act 2000 (allows
new terrorist groups to be
added)
Emergency Powers Act
1920 which...
It does not allow for
scrutiny of the decision
and can be undemocratic
because...
Conclusion
Discuss the advantages and disadvantages of delegated legislation

Decision Why/because And… AORP
Using Source B, explain the lawfulness of each of these interviews, which was conducted at a police station, but was
done without taping.
On the 1st November 1991 Gemma was arrested for a summary offence and interviewed.
Carl was suspected of an indictable offence and was interviewed on the 1st November
2000
Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions)
Act 1989 and was interviewed in March 2000

Quick Pause and recap…
What’s the link?
How a Bill becomes an Act
(but more of that later….)

Intro:
Main Area/ Point/
Subheading
Means Example or origin Explanation
Pre-Parliamentary
Stages
First House
Other Place
Royal Assent
(Parliament Act 1949
restrictions)
Conclusion
Describe how an Act of Parliament is made with reference to source A and your own knowledge

So, what makes a
good answer?
Here’s an answer from a student in the past:
Parliament writes a Bill which becomes an Act.
Before it’s a bill, it starts as a green paper and then a
whitepaper.
When the bill goes to Parliament, it gets it’s first
reading where the minister stands up and reads out
the bill. If it is successful, then it moves on to the
second reading where there’s a debate. At this point
it then goes to the committee who look at the bill
and report back and there is one final debate in the
third reading before it goes to the House of Lords
In the House of Lords, it goes through all the same
stages. Only budgets can’t start here. It then goes to
the Queen to sign, or as the source calls it, royal
assent, before it becomes law on the date of
commencement.
The process is a long one and can involve lots of ping
ponging between the two houses.
Good Things in
the Answer
Failures in the
Answer
Other things
that should have
been mentioned
Which of the following descriptions do you
think fits the answer?
“linking to the source, accurate reference to
each stage with good supporting detail and
mention the pre-legislative stages”
“most or all the stages are present with some
explanation”
“some stages and some explanation”
“a bare list, with no more that a couple of
points explained”

Quick Self-Evaluation
Complete the short form in front of you, and stick it on the back of your answer.
For each question, pick the level you think you have achieved
Qu. A Qu.B Qu.Ci Qu.Cii
Level 4 linking to the source,
accurate reference to
each stage with good
supporting detail and
mention the pre-
legislative stages
Identifies the critical
point (whether lawful),
two other relevant
factors and explanation
& LTS
Covers all three types
and links to the source.
Good level of
description
Four well developed
points, covering both
sides and linking to the
source
Level 3 most or all the stages
are present with some
explanation
point, one other relevant
factor, explanation &
LTS
Covers all three types,
with an adequate level
of description.
Three well developed
points and some kind of
two sided discussion –
at least one mention of
each.
Level 2 some stages and some
explanation
point and explains why
Either covers all three,
but with limited
description or covers
one or two with
adequate description
Either two well
developed points, or a
range of limited points.
May be only focused on
one side
Level 1 a bare list, with no
more than a couple of
points explained”
Tries to identify the
critical point.
Either very limited
description of all three,
or only describes one.
A list, which may have
some development in
places.

Plenary
How confident are you?
The types of bill
How a Bill becomes an Act
What delegated legislation is
The three types of DL
Why we need DL
The general controls of DL
The Parliamentary controls of DL
The judicial controls of DL
The changes under the Legislative and
Regulatory Reform Act 2006
I know
what this
is.
I can
describe
this
I can
evaluate or
discuss this
Any areas you have put nothing for...
Were you missing?
Did you ask?
Have you researched?

Dl 2012 13

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