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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…

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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…

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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…

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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…

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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…

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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…

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Only SoS can amend not the parliament, the parliament can only approve, annul or withdraw


Negative resolution procedure
The S.I is laid before parliament, usually for 40 days, and becomes a law unless either House
votes to annul it

+ve:

All Mps can see it and comment on it also…

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