What is Delegated Legislation
Delegated Legislation is a law made by a person or body to whom Parliament has delegated (or given) law making power.
In order to delegate it's power to another there is a need for a parent Act, otherwise known as an enabling Act. By this peice of legislation, Parliament gives authority to others to make law.
Delegated Legislation is used because:
- Parliament does not have enough time to make more detailied laws.
- A new law may be required for a specific aream for which case specialist local knowledge may be required.
- Sometimes, an emergency or a new situation may require new law to be made very quickly.
- Also the formal legislative process, is not suitable when there is an emergency.
Types Of Delegated Legislation - Orders In Council
There are three types of Delegated Legislation:
Orders in Council, laws made by the Queen and the Privy Council.
The Privy Council consists of current and former politicians, senior judges and members of the Royal Family.
Orders in council are used in many situations:
- Transferring responsibilities between Government Departments.
- Bringing an Act of Parliament into force
- Dealing with foriegn affairs, The Afghanistan (United Nations Sanctions) Order 2001.
- To deal with national emergencies, (Terrorism (United Nations Measures) Order 2001.
Statutory Instruments - Made by Government Ministe
Statutory Instuments, are laws made by Government Ministers within the area of their responsibilty.
- To update an Act of Parliment (to increase the amount of a fine or the amount of the national minimum wage)
- To bring an Act of part of an Act into force - a commencement order (Railways Act 2005 Commecement Order)
- To comply with the directives from the European Unioin (Sale and Supply of Goods to Consumer Regulations 2002)
By-Laws- Made by Local Authrorities and Public Cor
By-laws are laws made by local authorities and public bodies. They are enforcable in the counts and apply to as local authority area or to the public body only.
- To make laws for the good government of local areas. By-laws made under the Dogs (Fouling of Land) Act 1996
- To make laws regulating the behaviour of the public on property belonging to a public body or company. (By-laws restricting smoking on trains and stations.