DELEGATED LEGISLATION LAW AS

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Delegated Legislation
A law made by a person or body to whom Parliament has delegated (or given) law making
power.
Why Parliament needs to delegate powers to other Law makers:
A new law may be required for a specific area of the country which requires specific
local knowledge
New law on a technical matter such as health or agriculture will require specialist
technical knowledge
An emergency or a new situation may require new law to be made quickly and
parliament may not have the necessary expertise to make this new law quickly
What Delegated Legislation requires:
The Parent /Enabling Act
An original Act passed by Parliament which enables another person or body to make Law.
This act outlines the framework of the new Law and specifies the person or body to
whom authority will be given. The person may be a Government minister or Local
Authority.
Example of Delegated Legislation:
UK Smoking Ban which began on 1st July 2007, it was given to the Government Minister who
has the support of a specialist civil service department. If power is given to a local authority to
make delegated legislation, they will have the required local knowledge. If it is given to another
body, such as a train or bus company, it will be given to make laws in respect of their property.

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Different types of Delegated Legislation
Orders in Council:
Laws made by the Queen and Privy Council (a body made up of senior, current and former
politicians, senior judges and members of Royal Family. Currently 420 members of the Privy
Council)
Circumstances Orders in Council are used in:
Transferring responsibilities between Government departments or from Westminster
departments to the Scottish Parliament and the Welsh Assembly.
Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.…read more

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Statutory Instruments:
Laws made by Government Ministers within the area of their responsibility. They are
enforceable in the courts often referred to as `Regulations' or `Orders'.
They are drafted by the legal department of the relevant Government department.
Statutory Instruments are often used to update a law.
Wider powers are given to the Government Minister to fill in details that are to complex
to be incorporated into the Act.…read more

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ByLaws:
Laws made by local authorities and public bodies. They are enforceable in the courts and
apply to a local authority area or to the public body only
Authority to make bylaws is given many Acts of Parliament. Many bylaws are made under
the authority of the Local Government Act 1972.
Public bodies and some companies are authorised to make laws regulating the behaviour
of the public while on their property.…read more

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Control of Delegated Legislation
Parliamentary Control:
The parliament gives the parent Act sets out the limits within which delegated law must
be made or the procedures to be followed. Only the people or body specified in the
parent Act have power to make law. It also sets out how the delegated legislation must
be made.
Parliament may repeal or amend the piece of the delegated legislation.
All ByLaws are confirmed or approved by the relevant Government Minister.…read more

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Unexpected use has been made of the delegated power
It is unclear or defective
It imposes a tax or charge ­ only Parliament has the right to do this
It is retrospective in its effect, and the parent/enabling Act did not allow for
this
+ve:
Generally an effective system as it means most things get double checked.…read more

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Only SoS can amend not the parliament, the parliament can only approve, annul or withdraw
Negative resolution procedure
The S.…read more

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