Statutory Instruments 

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  • Statutory Instruments
    • Explanation
      • The can be very short - e.g. making changes to the minimum wage
        • However, they can also be very long and detailed.
      • They are made by either affirmative resolution or negative resolution
      • They are referred to as 'orders' or 'regulations'
      • The most common type of delegated legislation
    • Who makes it
      • The one that often issues a statutory instrument is the Secretary of State, but Government Ministers also sometimes issue them.
      • They have to be approved by Parliament before they can come into power
    • Circumstances when this type is used
      • Used when an act of parliament passed after 1947 confers a power to make, confirm or approve delegated legislation on the Queen or a Minister of the Crown
      • Also used when a Queen in council or Minister exercises a power under an act passed before 1947 which legislative, rather than executive, in character.
      • Use of a statutory instrument is not required where the parent Act does not specify it.
      • Also used when Acts of Parliament need to be updated 
      • Or to comply with directives from the European Union.
    • Examples
      • Chemicals Regulations 2009
      • The Allocation of Housing + Homelessness (Eligibility) Regulations 2018
        • Said ‘a person who is subject to immigration control is ineligible for an allocation of housing or for housing assistance unless they come within a class of persons prescribed in regulations by the secretary of state.
      • The Antarctic Act 1994 (Guernsey) Order 2018 – this extended the Antarctic Act 1994
      • Around 3,000 statutory instruments are passed each year

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