3 Rules of Delegated Legislation

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Delegated Legislation Key: ..
= Backup
.. = Important
.. = Title
Delegated Legislation is legislation not created by Parliament, but with its Power. Its given
this power by Parent/Enabling acts, for example The Health and Safety at work act (1994)
or Courts and legal services act (1990).
Delegated Legislation comes in one of three forms Statutory Instruments, Orders in Council
and ByeLaws.
Orders in council are made by the Privy Council, which consists of former and
current senior ministers, along with the queen. They are used when it would be
inappropriate to use a statutory instrument, like when transferring power between
government departments, e.g. when power from UK government was transferred
to ministers of the devolved assembly in Scotland. If Parliament is not sitting and
there is an emergency, then the queen and the Privy Council can pass an act under
the Emergency Powers Act (1920). As happened in the fuel crisis of 2000, the
September 11 terrorist attacks, and the foot and mouth crisis of 1993.
Foot and Mouth Crisis 2001 ­ Privy Council used the EPA 1920 to ban the movement of
livestock, to limit the spread of disease.
Consumer Protection Act 1987 ­ Extended the scope of consumer protection Law to
agricultural products, to comply with European Directive.
Statutory Instruments come in the form of rules, regulations and orders. They are made
by government departments and ministers in relation to the jurisdiction of their ministry. E.g.
the minister for transport can make detailed road traffic regulations under various road traffic
acts. Statutory instruments are a good way of updating primary legislation and adapt law to
changing circumstances, for example, The Health and Safety at work act (1974) can be
updated through the management of Health and Safety at work act (1990). Directives from
the EU are also implemented in the form of statutory instruments, e.g. The Unfair terms in
consumer contract Regulations.
Statistics 3000 Statutory Instruments passed, compared to 800 Statutes. This
highlights the importance of Statutory Instruments in society.
Road Traffic Act 1972 ­ Set out requirement for specific helmets for Motorcyclists.
Railways Act 1993 ­ An independent Railway operator can make Laws by
regulating the conduct of all people on trains or Railway property.

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ByeLaws are the last form of delegated legislation, they're made by local councils, such as
district or county councils through the use of the Local Government Act 1972. They are
local in effect, only concerning the area the council are concerned, and are involved with
such things as parking restrictions, and what you can, or cannot do in certain public places,
e.g. it is illegal to consume alcohol in Canterbury town centre.…read more


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