Delegated Legislation

An overview of the three types of Delegated Legislation; Orders in Council, Statutory instruments and bylaws.

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Delegated Legislation

"A law made by some person or body other than parliament, but with the authority of parliament. This authority is laid down in a 'parent' act of Parliament; the enabling act. The enabling Act creates the framework of the law and then delegates power to others to make more detailed law in the area"

Types of Delegated Legislation

- Orders in Council

- Statutory instruments

- Bylaws

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- The Queen and Privy Council have the authority

- Privy Council = Prime Minister & other leading members of the government

- Allows laws to be made without going through Parliament

- Can be made on a wide range of matters; giving legal effect to European Directives and transferring responsibility between Government Departments etc.

- The Privy Council has power to make law in emergency situations (Civil Contingencies Act 2004) (When parliament are not sitting)

- Used to make other laws; such as altering previous laws e.g. changing the class of drugs. (Cannabis in 2003)

- Must be an Enabling Act allowing the Privy Council to make Orders in Council on the particular topic.

- Constitutional Reform Act 2005 gives power to make Orders in Council. Allows the Privy Council to alter the number of judges in the Supreme Court

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- Rules and regulations made Government Ministers

- Ministers and Government departments are given the authority to make regulations for areas under their responsibility. 15 departments in Government

- Each department deals with a different area of policy and can make rules and regulations in this area.

E.g. Minister for Work can make regulations on work related matters such as health and safety at work whereas the Minister for Transport is able to deal with necessary road traffic regulations.

- Some can be short covering just one point such as minimum wage whereas others are very long and detailed which are too complex to include in an Act of Parliament e.g. The Chemical Regulations 2009 & Police Codes of Practice

-Statutory Instruments are a major way of making law, as over 3,000 are made each year

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- Can be made by local authorities to cover matters within their own areas e.g. County Council can pass laws affecting the whole County while a District Council can only make by-laws for the District.

- By-laws can also be made by public corporations and certain companies for matters within their jurisdiction, which involves the public. E.g. British Airports Authority can enforce rules about public behaviour on their premises

- Many local by-laws involve traffic control e.g. parking restrictions

- Other by-laws can be for things like banning drinking in a public place or banning people from riding cycles in public parks

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