Here are the answers: 1. Statutory Instrument - I am very common, more common than I sound. 2. By-law - I am made by many different organisations. 3. Orders in Council - I am not married but have lots of children. 4. Judicial Review - I am often published on lamposts 5. Delegated legislation - I have over 3000 are made by many ministers.

1. A new topic... A new challenge
What’s wrong with this picture?

2. Our 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.
Have you got it?
...so what does that mean
primary legislation is?
...why might it be important
to know whether legislation
is primary or secondary?
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.

3. So what do we need to give away this power?
We need a primary act of legislation, known as parent or enabling Act
What do we mean by this?
Dangerous Dogs Act 1991 gives powers to the Home
Secretary to add new breeds to the Dangerous Dogs
list.
PACE 1984 gives powers to...

4. Starter:
Can you match the definition to the term,
...and the example?
Definitions
A primary statute
which gives away
legislative powers to
another authority.
A form of law often
made in emergencies,
under the powers of
the Queen and her
council.
A form of law limited
to a specific area,
who are given the
power as they have
the knowledge!
A form of law which
allows ministers to
make laws over their
areas, adding detail
or regulation.
Examples
Terms
Statutory Instrument
By-law
Orders in Council
Parent Act

5. There are three types of DL*
A law covering a specific
area, or ex-nationalised
companies.
A rule or regulation put
forward by the relevant
minister
By Law
Statutory Instrument
A law passed in emergency,
or under the Queen’s old
powers (‘preogative’) by
the Privy Council
Orders in Council
*well, there’s actually a fourth to come later!

6. Applying and developing your knowledge
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?
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
Hint: You will find two examples
of each.
... Oh, and don’t be taken in by all
the headings!

7. Example Two:
By Laws
A little more detaled information...
Example One:
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?

8. Case Study:
R v Fadol 2007
A commuter who put his feet on a seat during his train journey home has
been prosecuted in a clampdown on antisocial behaviour.
Babiker Fadol was spotted by a security patrol after stretching out his legs
and dozing off. He was ordered to attend court under a 120-year-old bye-law
which makes it a criminal offence "to interfere with the comfort or
convenience" of fellow passengers. He pleaded guilty and was given a oneyear conditional discharge and ordered to pay £50 costs. This means he now
has a criminal record.
station in nearby Capenhurst on March 29.
He took his feet off the seat when asked to, but was still given a court
summons. He appeared at Chester Magistrates' Court charged under the 1889
Railway Regulations Act with behaving in a disorderly, indecent or offensive
manner that interfered with the comfort or convenience of a person on the
railway. His solicitor Erwin Bamforth told the court: "It's absolute nonsense. He
did no harm and when he was asked to put his feet down he co-operated.
"Now he finds himself with a criminal conviction for the first time. He didn't
appreciate it was an offence.“
Yesterday, the 45-year-old declared that his prosecution was a waste of
money and said the courts should concentrate on tackling more serious
In February last year builder Rudolph Mills, 39, was arrested when he put his
crimes.He said: "I am not happy about it. It is wasting the court's time, my time feet on a bench at Cambridge station. Mr Mills, from North London, was taken
and taxpayers' money. Putting your feet on the seat is a bad habit but it's the to court accused of soiling railway property and preventing other rail users
least of the problems on trains. They should focus on real crimes.“
from sitting on the bench in contravention of railway bye-laws. However, the
Crown Prosecution Service dropped the case.
But train operator Merseyrail - the only company to deal so strongly with
passengers who put their feet on seats - said several passengers had been
prosecuted for antisocial behaviour, including smoking in carriages.
A spokesman said: "We are tackling things that aren't the crimes of the
century but which irritate the 99.9 per cent of passengers who find such
behaviour unacceptable."We've reduced incidents such as robberies and
assaults on our trains by 60 per cent and we're now tackling lower-level
troublemakers. Passengers are informed whenever our security teams are on
board their train, and if they choose to continue to behave in an unacceptable
manner they will be dealt with accordingly.“
Fadol was caught by security officials who were using headmounted filming
equipment to record the incident, while his train home to Chester was at the
1.
2.
3.
4.
5.
Can you discover:
The parent act
The by-law
Who was delegated the power to pass the
law
The facts of the case
Why you think the by law was passed.

9. Orders in Council
These give power to:
Standard Examples:
Emergency Powers Act 1920
European Communities Act 1972
A different sort of example:
Misuse of Drugs Act 1971 s.2
A very different example:
R (Bancoult) v Secretary of State for
Foreign and Commonwealth Affairs
(2006)
Student Task:
Over the page in the 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?

10. Just one last word on Chagos (for now)...

11. How do they become law?
 What’s the aim of statutory instruments?
How do we make sure that the minister doesn’t just do what he wants?
affirmative
negative
Statutory Instruments (SIs)
Higher Education Act
2004 ss. 24 & 47
These give powers to individual minister to make certain rules
or regulations within their areas.
Dangerous Dogs
Act 1991
PACE 1984

12. Starter:
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!*
Can become
Can be amended by
Can Controlslaw evena
Can behave lotsby aa
Arebe challenged in
Canproposed of
created by
over 3000
the
when Parliament isn’t
Parliament before
Involves lamposts
the court
minister
powers.
babies!
year!
becoming law
there
*Lollipops require excellence!

13. A final type of delegated legislation... The destruction of democracy:
Legislative and Regulatory Reform Act 2006
So what does the
Act do?
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, and it must happen every year!
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
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!

14. Student evaluation:
Why might some people call this the end of democracy?
What steps has the government taken to provide controls?
Are they sufficient?
Is the introduction of these new powers justified?

15. Applying your knowledge:
Can you answer these straightforward application questions?
b) Identify and explain the most suitable type of delegated legislation to implement law in the following
situations:
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.
(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]

16. Can you assess yourself?
At the bottom of the page, write the level you think you have
achieved for each response.
ii
Level Four
iii
and further evidence.
and further evidence.
Credit reference to any relevant
case or statute
Credit reference to any relevant
case or statute
Explain that government ministers
introduce particular regulations
under powers delegated to them
by Parliament in Parent Acts
Explain that bylaws can be made
by local authorities or public
corporations, which the railway
authority is.
Recognise the most suitable type
would be Statutory Instruments
and credit any clear link to the
source.
Recognise the most suitable type
would be Bylaws and credit any
clear link to the source.
5
Level Three
4
Level Two
3
Level One
1-2

17. Why have DL in the first place?
Well, it lets them add technical
detail, e.g. the level of fine, without
having to pass a new act each time
It is quick to bring in, which
means that emergencies can be
responded to quickly
It allows for further
consultation with affected
parties
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
It is more flexible than primary
statutes. It can be altered to suit
changing circumstances
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.
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.
Student Tasks:
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.

18. General Controls
Consultation
Publication

19. Set of Controls 2:
Parliamentary Controls
Affirmative Resolution
Ask a Question!
Negative Resolution
Parliamentary Scrutiny
Committees
Approval for By laws
Superaffirmative
Resolution
The Parent Act itself
Revocation or further legislation

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

21. Can you explain how this picture relates
to the topic, and helps to control law?

22. Controlling that pesky delegated legislation
As we are giving away the power to make laws, we need to
make sure they are not passing any old law!
General
Parliamentary
Judicial
Using the Parent or Enabling Act for help
Student task:
Read the section below from the lovely Dangerous Dogs Act 1991 and see if you
can spot any controls put in place by the Enabling Act
Challenge: What other controls have you come across in our study of DL so far?

23. Set of Controls 3:
Judicial Controls
Judicial Review
What is it?
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.
Gillick v West Norfolk
AHA (1986)
Who can bring it?
To bring a judicial review, you must
have locus standii.
Why did Mrs Gillick
have standing?
Would she have had
standing if she had
only sons?

24. Types of Judicial Review
Procedural
Substantive
Don’t follow the rules
Try to do something you don’t have the power to do!
Aylesbury Mushrooms
Secretary of State for Education
(ex parte NUT)
R v Jobcentre Plus (ex parte
Ann Summers) 2003

25. ... 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, because
they were causing a nuisance to
other patrons.
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.

26. Putting it all together!
You are going to work together to
produce a
visual representation
on delegated legislation
You could include A
One joke or pun related to the topic.
Two criticisms of the area
You should include C
 Three key terms and their meanings
 Three examples of either the controls or
the types (two of which must be done
dingbat style)
You must include E
 Case profile of one key case related to
delegated legislation
 Two controls on DL
 The three main types of DL(at least one
of which must be represented visually!)

27. Plenary:
How well have you understood?
A
Discuss one problem with delegated legislation
B
Explain how resolutions work to limit the powers of
the delegated authority
C
Explain one reason we might need delegated
legislation
D
Describe what is meant by judicial review
E
Identify the two general controls on delegated
legislation

28. 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 very powerful. than you think
more common
1. I Iam morecommon. than I sound.
1. amvery common.
very European
I claim to by many the Queen
control work for legislation
2.2. I am madedelegateddifferent people but they
2. must have aby many different organisations.
am made what drugs are what
2. I Ican tell youspecific responsibility for me.
not married but have lots
3. I am great at moving people of children.
3. I Iam also known asplaces or areasaround
3. like working when a regulation
apply to specific others aren’t
I useful if much slower than my children
I’m a good contact in an mouths are
4.4. I’mam much,your feet and Emergency
4. I Iam in theyou
4. bothering Dangerouson lamposts
am often published Dogs Act
5. I can also bother about substances. they
decide who has the power and what
5. Therein the Local Government Act 1972
5. I’m made up of3000 do
I haveare over many ministers.
am the power to a year.

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

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

31. Are the controls really effective at
controlling anything?
Exam tip: try to include something from each set of controls!
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

32. 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!

33. 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!

34. Developing your AO2
Disadvantages of DL
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?
Volume
Difficult to
Understand
Sub-delegation
Scrutiny
Democratic
Accountability

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

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

37. 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)?

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

39. Now Write it!
15 minutes

40. 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.
Applying your knowledge
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.

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

42. 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)?

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

44. Now Write it!
15 minutes

45. 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.
Decision
Why/because
And…
AORP
Carl was suspected of an indictable offence and was interviewed on the 1st November
2000
Decision
Why/because
And…
AORP
Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions)
Act 1989 and was interviewed in March 2000
Decision
Why/because
And…
AORP

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

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

48. So, what makes a
good answer?
Good Things in
the Answer
Failures in the
Answer
Other things
that should have
been mentioned
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.
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”

49. 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 prelegislative 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
Identifies the critical
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
Identifies the critical
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.

50. Plenary
How confident are you?
I know
what this
is.
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
Any areas you have put nothing for...
Were you missing?
Did you ask?
Have you researched?
I can
describe
this
I can
evaluate or
discuss this