1. Starter:
Dominoes
did you understand the last topic?!

2. And now for something new...
Delegated Legislation
Definition: This is where the power to make laws for a specific purpose is
delegated to a body other than Parliament
WARNING: if we are giving power to people or organisations other
than Parliament what have we got to be careful of?

3. You are going to need some new
vocabulary!
An act which contains delegated powers is known as a
parent or enabling Act
Task:
Each of the Acts below is an example of a Parent Act. Can you guess:
1. Who is gives the power to.
2. What that power is.
Example: Local Government Act 1972 give local authorities the power to
pass by laws concerning local matters e/g traffic and one way
streets.
Misuse of Violent Crime
Drugs Act Reduction Act
1971 2006
Dangerous Dogs
PACE 1984 Act 1991

4. One more term before you begin...
Secondary legislation
Develop your
understanding
...so what does that mean
primary legislation is?
...why might it be
important to know
whether legislation is
primary or secondary?

5. Label the types of DL:
Now complete the table at the
back of your handout

6. Now, in your
handout complete
the first page!
ACT DELEGATES POWER TO MAKE LAWS
TO… CONCERNING….
Dangerous Dogs
Act 1991
Misuse of Drugs
Act 1971
Police and
Criminal Evidence
Act 1984
Violent Crime
Reduction Act
2006*

7. What’s wrong with this?

8. Can you work it out?
Student Task:
Each group has an A3 sheet, and a pack of
information*.
Using the information, can you complete the
A3 sheet, to explain and illustrate the three
types of delegated legislation we will look at?
You will find two examples of
each.
... Oh, and don’t be taken in
by all the headings!
*They will be photocopied!

9. Secondary or Primary?
You are going to see 10 statements.
Which type of legislation do they refer to?
Careful: you only have 20 seconds per statement!*
Can Controlslaw evena
Can become
Can be amended by
Can behave lotsby aa
Arebe challenged in
Canproposed of
created by
over 3000
the
Involves lamposts
when Parliament isn‟t
Parliament before
the court
minister
powers.
babies!
year!
becoming law
there
*Stickers require excellence!

10. By Laws
Example One: These give power to:
Example Two:
Local Government Act 1972
Example Three:
Boddington v British
Transport Police 1998

11. Orders in Council
These give power to:
Example One:
R (Bancoult) v Secretary of State
for Foreign and Commonwealth
Affairs (2006)
Example Two:
Emergency Powers Act 1920
European Communities Act 1972
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? Example Three:
Which court handed down the verdict?
When will the judgment come into effect?
What problems with Orders in Council can you Misuse of Drugs Act 1971 s.2
spot?
What powers does the court have?

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

13. Statutory Instruments (SIs)
These give power to:
Example One:
Dangerous Dogs Act 1991 Example Two:
PACE 1984
Example Three:
Higher Education Act 2004 s. 24 & 47
Thinking:
Why has Parliament delegated
these powers?

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

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

16. Why are these
important in the law?

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

18. Stop overloading
the Parliamentary
Flesh out the timetable Quick to bring in
detail
Technical detail Flexibility
Why do we
need DL?
Allows for further Expertise
consultation Updates the law

19. Controls on DL
1. General
Consultation Publication

20. Recap:
What controls are there in this section of
the Dangerous Dogs Act 1991?

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

22. So, do these Parliamentary controls work?
Remember: as well as being able to describe what the law is, you should also be able to
evaluate whether the current law actually does what it is supposed to!
Student Task: pick three of the parliamentary controls
and evaluate their effectiveness*
Control Effective because… However…
*perfect prep for a cii!

23. 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.
Who can bring 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?

24. There are two(ish) 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*
*IS task for this week

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. 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.
Student task:
Read the summary of the case and complete the task below
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?

26. What
problems
are there so
far?

27. 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.

28. 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.
Joint House of Lords
Committee committee who
look at delegated
powers in a
proposed bill
Hint: these are not right!

29. What are the words?
Locus standii Parent Act
By-Law Judicial Review
1
unreasonableness

30. 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
Scrutiny
Difficult to
Understand
Democratic
Accountability
Sub-delegation

31. 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!

32. A final type of delegated legislation:
Legislative and Regulatory Reform Act 2006
Student
So what does the Act do? questioning:
What things would you
This allows a minister to ‘read in’ delegated to
need to know to be able
powers into any act of Parliament even if they
to properly evaluate
were not there to start with.
these new power?
These are known as legislative regulatory
orders.
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

33. Finish the final section on
your revision sheet!

34. Plenary:
How well have you understood?
A Discuss one problem with delegated
legislation
B Explain one reason we might need
delegated legislation
C What is delegated legislation?
D Explain what is meant by a parent act
E Name three types of delegated legislation
...On the back,
put your name
and one thing
you are unsure
of...

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

36. Dominoes:
The Next Dimension
Create this big triangle by matching the questions and answers on the little
triangles in front of you!

37. End of unit assessment:
June 2011
This is the paper you will sit as your
mock exam in March
It lasts one hour, and you must
choose one of two questions on
the paper to answer.
You will have the source, and you
must use the source in answering.
We will plan this now, and you will
complete it in timed circumstances
in your next sources lesson.

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

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

40. 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

41. Describe the three different types of delegated legislation [15]
Intro:
Main Area/ Point/ Means Example or origin Explanation
Subheading
Use your revision sheets to
help you complete this
section...
Remember your detail!
And the link to the source!
Now... Swap your plan with
another person.
Rate their plan from 1-4
Conclusion

42. Developing a discussion
This is a critical skill to develop:
“A detailed, well developed point which links to the source.”
Student Consequence Planning
1. On the paper you now have, you must explain why that point is a disadvantage/ advantage...
Then throw!
2. Now, expand on the point that you have in front of you, e.g. An example or further
information (“and…” “also…”) and throw
3. Now, consider the „however‟ or „although‟ of that statement (and remember to say why!) and
throw
4. Lastly... Find a link to the source, highlight the section of the answer you would link and say
why!
5. Throw to the original writer... You should now have a „model‟ of how to produce a WDP.
Now complete the plan for three more points
(you can use your revision sheets or booklets to help)

43. Discuss the advantages and disadvantages of delegated legislation
Introduction
Main Point Because Illustration/ And However
Conclusion

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

46. Time to write!
The time for planning is over.
The time to write has arrived.
You will have one hour to write your
response to the questions.
(Miss Hart suggests that you should start
with C)
The time should be roughly 15 minutes per
question.

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

48. Plenary
How confident are you?
I know I can I can
what this describe evaluate or
is. this discuss this
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?