Types of Delegated Legislation

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  • Law 01 Delegated Legislation
    • Orders in Council
      • Used to implement matters of great importance, usually used in an emergency-eg emergency powers act
      • Used when parliament isn't sitting.
      • Why are parliament unsuitable to make Orders in Council?
        • Needs to be made fast, in an emergency, but parliament takes up to 1 year.
        • MP's live in their constituency- so will be unable to make emergency laws
      • Made by privy council in the name of the queen
      • When are they used?
        • To bring an act of parliament into force.
        • When parliament is dissolved before an election
        • To comply with EU directives
        • When statutory instruments are inappropriate. (emergency)
      • Delegated legislation and parent acts
        • Scotland Act 1998-Scotland gained more responsibility.
        • Afghanistan Order 2001- it became an offense to give money to the Taliban.
        • Emergency Powers Act 1920-Enabled orders in council to be made during a crisis.
    • Statutory Instruments
      • Made by government ministers under acts of parliament which affects his department
        • Eg the transport minister has the power to change speed limits
        • Most common type of delegated legislation
          • As it updates existing legislation
      • Why are parliament unsuitable for making statutory instruments?
        • Government would lack knowledge of that area.
        • Too long to update legislation through parliament
        • Up to 4000 statutory instruments are made each year, too many for parliament
      • When are they used?
        • Used to bring an act of parliament into force eg the smoking ban 1st July 2007
        • Used to implement EU directives e.g. tobacco bans
        • To define an issue eg The easter Act 1928 defined when easter bank holidays would take place
        • Good to update primary legislation
        • Delegated Legislation and parent acts
          • Road traffic Act 1988- Made everyone where seatbelts in cars
          • National Minimum wage Act 1998-Ensures everyone gets minimum wage. Updated every year to follow inflation
          • Health and Safety at Work Act 1974- Manufacturers must take risk assessments at each stage of production.
    • By-Law
      • Made by local authorities or other authorised bodies, e.g. British railways, within their responsibilities.
      • Why are parliament unsuitable to make By-Laws?
        • Parliament would be unaware of the problems at each local area.
        • May be specific for each constituency
      • When are they used?
        • For parking and driving restrictions
        • To maintain order
        • To prevent minor crimes like no ball games
        • To maintain public behaviour
        • Delegated legislation and parent Acts
          • National Trust Act 1971-regulates the use of private land
          • Local government Act 1972-Divided country into counties and local governments control districts
          • Clean Neighbourhoods and Environments Act 2005-Updated dog fouling Act 1996


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