Delegated Legislation

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  • Created on: 11-04-12 11:44
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By laws
By laws are made up of local authorities to cover matters in their own
area. The county council pass laws which affect the whole county.
District and town council is only for its own ones.
Local by laws will involve traffic control parking restrictions, banning
drinking in places, bicycles in local parks, also made by public
co-operations. British airports authority and railways can enforce their
own rules.
Statutory instruments
This refers to rules and regulation made by government ministers. The
ministers' and government departments' authority to make regulations
for areas under their particular responsibility. There are 15 departments
in the government, each one deals with different areas of policy. The
ministers for work and pension make regulations on work related
matters. They are very short usually just covering one point for example
annual change- minimum wage. They can be very long with detailed
regulations to complex including in act of parliament for example the
chemical regulation 2009-minister for work and pension. European
communities act 1972. Police codes of practice ministers for justice
under police and criminal evidence act 1984.
Orders in council
The queen and Privy Council have the authority to make orders in council.
The council is made up of prime ministers and other leading members of
the government. This allows the government to make laws without
going through parliament on a wide range of matters for example, legal
effect to European directives, bringing acts of parliament into force,
transferring responsibility between government departments. The Privy
Council also have power to make law in emergency situations under the
civil contingencies act 2004. Orders in council also make other types of
law eg misuse of drugs act 1971 making the drug cannabis a class c from
class b. The enabling act allows the Privy Council to make orders in
council on the particular topic. Enabling act gives powers to make orders
in council on the particular topic. The enabling act also gives powers to
make orders in council is the constitutional reform act 2005 allows Privy
Council to alter the number of judges in the supreme court.

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Limited scrutiny given to delegated legislation may lead to incomplete
instruments passing into law. It is not democratic as it is made by
unelected people i.e civil servants. It is sub delegated. Lack of publicity
and public are often unaware of new law which is made in the use of
delegated powers. Delegated legislation can be difficult to locate even
for lawyers nothing in parent act to show how many statutory
instruments have been made under it.…read more


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