Forms of Delegated Legislation

  • Created by: peronella
  • Created on: 04-12-18 17:31

Statutory Instruments

Made by government departments and make up most of the 3,000 pieces of legislation passed each year.

Normally drafted by the legal office of the relevant government department, which will consult with interested bodies and parties. 

Made via either affirmative resolution or negative resolution as part of the parliamentary controls on delegated legislation. 

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Made by local authorities, public corporations and companies and usually concern local issues or matters relating to their area of responsibility.

E.g. county councils make byelaws that affect the whole county, while district awareness of the needs of that area. The laws are made with awareness of the needs of that areaA local council may introduce a byelaw banning dogs from its beaches during certain months or imposing fines for littering.

Porposed byelaw must be advertised to allow local people to view and comment on it. They are accompanied by some sanction or penalty for their non-observance. 

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Orders in Council

Generally made in times of emergency (under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004: the 'enabling Acts') and have to be approved by the Privy Council (a committee of the monarch's senior advisors) and signed by the Queen. 

Can be used to amend law and give effect to EU law. E.g. The Misuse of Drugs Act 1971 (Modification) (No. 2) Order 2003 downgraded cannabis from a Class B to a Class C drug.

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The process of transferring power from central government to regional or local government - e.g. the Scottish Parliament, the Welsh Government and the Northern Ireland Assembly.

Following devolution, the Welsh Government initially only had the power to make secondary legislation (then called Assembly orders) on certain matters such as edcation and agriculture. This has since been increased.

The Scottish Parliament has greater power than the Welsh Government.

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