Types/Forms of Delegated Legislation

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  • Types/Forms of Delegated Legislation
    • By-laws
      • How are they made?
        • Under delegated powers granted by parliament
          • Eg. under the Local Government Act 1972
        • Must be approved by government minister
      • Made by local authority
        • For the benefit of the local area
        • Dog Fouling
          • Clean Neighbourhoods and Environments Act 2005 is the name of the enabling act
      • Made by other bodies
        • Transport for London the power to make by laws controlling behaviour of railway users Eg. drinking, smoking, littering etc
          • Greater London Authority Act 1999
          • Approved by the relevant government minister being the Secretary of State for Transport in 2011
      • Are enforceable in the courts in the same way as statutes
      • Local companies, councils and corporations are given enabling acts in their local area due to their local knowledge
    • Statutary Instruments
      • Governed by the Statutary Instruments Act 1946
      • Law made by government ministers
        • Use their department expertise in developing the law
        • Most common type o9f delegated legislation
        • They will often consult experts before making decision which can then be drafted by their department and laid before parliament
        • have delegated powers under the authority of primary legislation.
      • Used to complete the detail of an act of parliament
        • Traffic signs regulations 2002
          • signs colour and size
      • Good way of updating primary legislation
        • Minimum wage act
          • regular increase in the minimum wage
      • Made in the form of a Commencement Order
        • specifie when an act of parliament or part of an act will come into force.
          • Sometimes acts will come into force in several stages
            • Equality Act 2010
    • Orders in Council
      • Queen and the Privy Council together have the authority to make orders in council
        • around 650 privy council members but only around 4 current government ministers  meet with the queen once a month on average
      • Privy council members consist of past and present cabinet members, speaker,  leaders of main political parties, archbishops, various senior judges and other senior public figures
      • Privy Council has the power to make laws when parliament id not sitting under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004
        • Used in the foot and mouth crisis in 2001 to stop the spread of the disease
        • Used in the fuel crisis in 2000 to control the distribution of fuel
      • Used to transfer law making powers from ministers of the UK government to those of developed assemblies in Scotland and Wales
      • Used to dissolve parliament before an election
      • Used to give effect to European Directives under S2(2) of the European Communities Act 1972

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